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(영문) 서울고등법원 2018.07.19 2018나2005872

대여금

Text

1. All appeals by the Defendants are dismissed.

2. Of the appeal costs, the part arising between the Plaintiff and Defendant F is Defendant F.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is the same as the reasoning of the judgment of the court of first instance, except where the judgment is added or deleted as follows.

(The main text of Article 420 of the Civil Procedure Act). Since the part on the Codefendant B, C, D, E, G, and H is separately finalized, Paragraph 2 of the reasoning of the first instance judgment is to be deleted, Paragraph 1 of the same Article is to be deleted, and Paragraph 1 is to delete the part on H, and each “Defendant D” is to be “D”.

Defendant D’s “Defendant D” in the first instance judgment between 5 and 8 is regarded as “D”.

The 6th page 14 of the judgment of the first instance court in the column of processing Nos. 14 of the 6th page of the first instance judgment “exploitation (the use after that is not known)” shall be read as “exploitation (delivery to D)”, and the evidence column shall add “Nos. 9 and 10-2”

The 7th judgment of the first instance court and the 10 to 8th judgment "for Defendant D, they are going through or going through." are as follows.

The judgment of dismissal on January 11, 2018 (this Court Decision 2017No1641) rendered a decision of dismissal of appeal on March 9, 2018 but only D appealed appealed on March 9, 2018, which became final and conclusive by the judgment of the first instance court (Supreme Court Decision 2018Do1443). The judgment of the court of first instance added "No. 19 and No. 20" to "No. 7 of the judgment of the court of first instance" to "No. 19 and No. 20" "No. 7 of the judgment of the court of first instance".

The 10th day of the first instance court's judgment "fixed" shall be changed to "fixed".

The following shall be added between 10th 12th 12 and 13th 13th :

(D) In the police investigation, Defendant F borrowed KRW 30 million from Defendant F as security to the Plaintiff and paid the monthly storage fees. Defendant F repaid KRW 30 million.