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(영문) 서울고등법원 2017.03.31 2016나2034944

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the part against the defendant in the judgment of the court of first instance, except where the relevant part is used or added as follows. Thus, the relevant part is cited pursuant to the main sentence of Article 420

(The first instance judgment on the co-defendant B, C, and D did not file an appeal or the appeal was withdrawn, which became final and conclusive as it is). 2. Any portion written or added by the court of first instance

(a) Unless otherwise specified in the part accepted by the court below, “Defendant (Appointed Party)” in the judgment of the court of first instance is all “Codefendant B and C, “A,” and “Defendant (Appointed Party) B” in the court of first instance and Codefendant C in the court of first instance “B,” and “Defendant (Appointed Party) C in the court of first instance.”

The "Appointed E" in the judgment of the first instance is all dismissed as "Defendant".

The third and nine parties of the judgment of the first instance are claiming "the defendant (appointed parties)" as "the co-defendant B, C, and the defendant's assertion".

The title "B" in the fourth 21th 21th s in the judgment of the first instance shall be deemed "B has a representative director."

Defendant D’s “Defendant D” in the fifth instance judgment of the first instance court is the co-defendant D of the first instance court.

The five pages of the judgment of the first instance court shall be "A No. 12" with "A Evidence 12-1."

The 5th half of the judgment of the court of first instance is "D" as "joint defendant D of the court of first instance."

The fifth 21st sentence of the first instance judgment "the sentencing date of this case" is "the sentencing date of the first instance judgment of this case".

B. In light of the evidence duly adopted and examined by the court of first instance, it is insufficient to determine that the Defendant was engaged in a joint business with the co-defendant B and C in the first instance trial even in view of the evidence evidence No. 17-21 submitted by the Plaintiff at this court, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s assertion on the premise different from

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed.