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(영문) 인천지방법원 2015.01.22 2014나54519
기타(금전)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The plaintiff at the court of first instance claimed restitution and reimbursement of damages on the ground of termination of the contract in this case as the primary claim, and sought payment of liquidation money on the ground of termination of the contract in this case as the conjunctive claim. The court of first instance dismissed the primary claim as it is without merit, and the conjunctive claim is accepted in part, and the remainder of the conjunctive claim is dismissed.

Since only the defendant appealed against this, the subject of this Court's trial is limited to the preliminary claim partially quoted in the first instance trial.

2. The reasoning of the judgment of the court of first instance concerning this case is that the plaintiff can not abandon his business for personal reasons after the lapse of 12 months from the date of the contract of this case, "the following seals" can be added to "the amount of KRW 55 million" in Part 2, 19 of the judgment of the court of first instance, "the amount of KRW 5,00,000,000,000,000,000,0000,000,000,0000,000,0000,000,000,000)" in Part 6, 16, and 17 of the judgment of the court of first instance, "the amount of KRW 5,00,000,000,000,000,000,000,000,000 won" in Part 6, and "the amount of KRW 5,00,000,00,000.

3. Accordingly, the plaintiff's primary claim is dismissed as it is without merit, and the conjunctive claim is justified within the scope of the above recognition, and the remainder is dismissed as it is without merit. The judgment of the court of first instance is just as it is with this conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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