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(영문) 서울남부지방법원 2020.08.20 2019나789

대여금

Text

The plaintiff's appeal against the defendant is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The Plaintiff filed the instant lawsuit against the Defendant, Co-Defendant C and D in the first instance trial. The first instance court partially accepted the Plaintiff’s claim against Co-Defendant C in the first instance trial and the Defendant’s claim against Co-Defendant C in the first instance trial, and rendered a judgment of the first instance court that dismissed the Plaintiff’s claim against Co-Defendant D in the first instance trial in its entirety.

As to this, the Plaintiff appealed only against the Defendant.

(1) The plaintiff's petition of appeal states not only the defendant as appellant but also the co-defendant C of the first instance trial as co-defendant in the purport of appeal stated in the petition of appeal. The plaintiff stated that the co-defendant of the first instance trial and the co-defendant of the first instance trial are not present in the petition of appeal on October 15, 2019, which stated that the defendant and the co-defendant of the first instance trial are jointly and severally liable for payment by the defendant and Co-defendant of the first instance trial as appellant at the second date of pleading of this court. On the other hand, the co-defendant of the first instance trial appealed appealed of the first instance judgment on February 26, 2019. However, although the co-defendant of the first instance trial did not appear at the first and fourth date of pleading of this court, the plaintiff did not present in the first instance trial as to co-defendant of the first instance trial on each date of appeal, and the part concerning the appeal by the co-defendant of the first instance trial against the defendant was withdrawn within one month, and therefore, the plaintiff's co-defendant of the first instance judgment is deemed to have been withdrawn.

2. Basic facts

A. The Plaintiff was contacted by introducing the co-defendant C (hereinafter “C”) of the first instance court, where the Plaintiff’s dong E was engaged in business in Myanmar with respect to the project of Myanmar and timber sales promoted by the FF corporation that was registered as the representative director.

The defendant is a partner of C.