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(영문) 대전고등법원 2018.10.24 2017나15032
약정금
Text

1. The defendant's appeal is dismissed.

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

The defendant of the purport of the claim shall make the plaintiff 25.5 billion won.

Reasons

1. There is no evidence to prove that the grounds alleged by the defendant in the trial of the court of first instance are different from the allegations in the court of first instance, and even if all the evidence submitted in the court of first instance are examined, there is no evidence to prove that the time limit set in each of the documents in this case

In addition, this court did not comply with the request of the defendant for specific arguments and evidences regarding the counterclaim of set-off that the defendant asserted from the first instance court.

Therefore, the reasoning of the judgment of this court is the same as that of the judgment of the court of first instance, and thus, it is accepted by the main text of Article 420 of the Civil

2. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed as it is without merit.

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