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(영문) 대전고등법원 2019.06.19 2018나16025

청구이의

Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Quotation of judgment of the first instance;

A. The Plaintiff’s assertion in the trial while appealed is not significantly different from the assertion in the first instance trial.

In addition to the various circumstances of the first instance court, the Plaintiff filed a lawsuit against the Defendants on the claim for confirmation of existence of the same obligation as this case (the Plaintiff’s obligation to the Defendants under each loan contract of this case). In other words, the following circumstances recognized by the Defendant’s written evidence No. 39 through No. 43 are as follows: ① the Plaintiff rendered a non-prosecution disposition against the Defendant’s complaint against K due to occupational breach of trust and occupational embezzlement; ② the Plaintiff’s application for adjudication is also dismissed (the time the decision to dismiss the application for adjudication seems to have become final and conclusive); ② the Plaintiff issued a non-prosecution disposition against the Defendant’s complaint against the Plaintiff due to occupational breach of trust and occupational embezzlement; ② the Plaintiff did not file a petition; ③ the Plaintiff filed a claim against the Defendants for confirmation of existence of the same obligation (the Plaintiff’s claim for confirmation that no obligation to the Defendants under each loan of this case exists); and the Plaintiff’s complaint against the Defendant’s embezzlement and occupational embezzlement received from the Seoul Central District Court (Seoul District Court Decision 2018Na5263, Mar. 222, 2016).

B. Therefore, the reasoning for the court’s explanation on this case is as stated in the reasoning of the judgment of the court of first instance, except where some of the errors in the judgment of the court of first instance are written as follows. Therefore, it is acceptable to accept this as it is by the main text of Article 420 of the Civil Procedure

(1) The fourth decision of the first instance shall be made.