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(영문) 서울고등법원 2016.09.22 2016나2013565

대여금

Text

1. The part against the defendant among the part against the plaintiff B in the judgment of the court of first instance (the part against the plaintiff B) shall be revoked.

2. The foregoing.

Reasons

1. Regarding the purport of the plaintiffs' claim, the purport of the appeal to the plaintiff A and the scope of the adjudication of this court, the primary claim of the plaintiff A is ① claim for the payment of machinery cost 24,475,63 won, ② claim 29,400,000 won, ③ claim for the return of loans from January 31, 201, ③ claim 12,400,000 won, ④ claim for the payment of loan amounting to 57,489,000 won, ⑤ claim for customs clearance cost 17,453,400 won, ⑤ claim for the payment of customs clearance cost 140,453,40 won, and this court's primary claim is not stated, ② the conjunctive claim for the payment of machinery cost 10,000,000 won, 200, 201, 300, 201, 10, 207, 207, 2001.

(2) The first instance court dismissed all of the claims of the plaintiff A and accepted part of the claims of the plaintiff A and dismissed the remainder, on the premise that the claims of the plaintiff A are made by the plaintiff A and the preliminary claims. The first instance court is based on the premise that the claim amount of the primary claim is KRW 140,45,433.

In this regard, among the dismissed parts of the plaintiff A's claim in the judgment of the first instance court, the plaintiff A filed an appeal against the remainder of the claim dismissed except the claim amounting to KRW 29,400,000, which was the loan of January 31, 201, and the defendant filed a claim with the plaintiff B.