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(영문) 서울고등법원 2019.11.26 2019나2010925
기타(금전)
Text

1. The plaintiff's appeal and the defendant's incidental appeal are all dismissed.

2. Costs arising from an appeal and an incidental appeal shall be respectively.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, except for the following “amended portion” and “2. Additional decision”, thereby citing it pursuant to the main sentence of Article 420

(1) The court of first instance is just in finding facts and finding facts in the court of first instance, considering the evidence duly adopted and examined by the court of first instance as evidence No. 65 to 96, and there is no error as alleged in the grounds for appeal by the plaintiff and the defendant (unit). The new argument raised by the defendant in this court is examined in the following 2.) [The revised part] No. 4 of the court of first instance as part of the judgment of second instance, the second part of the judgment of second instance is not considered.

The 5 pages 19 of each "Witness L" shall be amended to "the first instance trial witness L", respectively.

The 10th to 7th of the first instance judgment’s 10th of the 6th of the 10th instance judgment is amended to “a defect occurs”.

After the 10th page 17 of the judgment of the first instance, “the status of entry and departure” is added to “the status of the receipt of defects and the details of the repair of defects caused by the product, the work instructions related thereto, and the confirmation of the completion of work.”

The 11th judgment of the first instance court is amended to "the date of this judgment" as "the date of the judgment of the first instance."

2. Additional determination

A. Defendant’s assertion 1) The instant agreement does not contain any phrase “a written agreement” or “an agreement”, and there is no matter regarding the subject, rights, and obligations of the subject, etc. of compensation for damages, and the time of installment repayment is unclear, and does not constitute a disposal document without the name and seal of the original Defendant. 2) At the time of the preparation of the instant agreement, F was in a state of coercion by psychological burden due to the Plaintiff’s demand by the Plaintiff. As such, the agreement ought to be null and void or cancelled as a defective declaration of intent.

(b) judgment 1 disposal document means a legally constituted act that is to be proved by it in that document;

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