매매대금 등
1. The claim against the non-party L brought in the trial shall be dismissed.
2. The plaintiff's appeal is dismissed.
3.In the trial, the trial shall be held.
1. The Plaintiff filed a claim against Nonparty L to the effect that “foreign L is liable for defamation damages caused by false information to the Defendant and the Plaintiff, respectively, through the “written claim for damages, such as defamation,” as of November 27, 2014, only when the judgment on the legitimacy of the claim against Nonparty L was made in the trial.”
However, since the claim stated in the above document does not specify the amount of damages and the statement of the cause of the claim are omitted, it is not equipped with the matters stated in the complaint stipulated in Article 249 of the Civil Procedure Act. In the appellate court, filing a new lawsuit against a third party who is not a party of this case is in violation of the jurisdiction of the court of appeal. Notwithstanding the explanation of the full bench in the court, the plaintiff wanted to obtain judgment in the appellate court.
In full view of the fact that there is no legal basis to add Nonparty L to the instant party, the Plaintiff’s claim against Nonparty L in the trial is unlawful without examining any further.
2. Determination as to the claim against the defendant, etc.
A. The Defendant, on January 3, 2007, lent the amount of KRW 50 million to the Plaintiff at an interest rate of KRW 3% per month, interest rate of delay monthly, 5% per month, and due date of payment July 3, 2007, and paid KRW 42 million by deducting advance interest and various fees. On March 3, 2007, 30 million was determined as of March 3, 2007 and lent the amount of KRW 30 million at an interest rate of KRW 30 million per month, interest rate of delay, 5% per month, interest rate of delay, and due date of payment on September 3, 2007, and paid KRW 2,820,00 (hereinafter collectively referred to as “instant loan”).
(2) On January 3, 2007, the Plaintiff: (a) on January 3, 2007, with respect to the registration of the establishment of a mortgage and the mortgagee’s right to collateral security (hereinafter “instant apartment”) owned by the Defendant on the July 7, 2003, Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, with the maximum debt amount of KRW 45 million, against the Defendant.