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(영문) 서울동부지방법원 2016.09.07 2016나1290

대여금 반환

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. In the first instance trial, the Plaintiff filed a claim for the repayment of the loan and the conjunctive return of the investment deposit against the Defendants, among which the conjunctive claim against the Defendant Company B was accepted, and the remainder was all dismissed.

As to this, only the plaintiff appealed the main claim against the defendants and the conjunctive claim against the defendant C (However, as to the damages for delay, the appeal was filed only to the extent cited in the judgment of the court of first instance). This court is limited to the part appealed by the plaintiff.

2. The court's explanation concerning this case is identical to the remaining part of the reasoning of the judgment of the court of first instance, excluding the part of "the conjunctive claim against the defendant company" in Article 2-b of the judgment of the court of first instance. Thus, it is acceptable to accept this case as it is in accordance with the main sentence of

3. According to the conclusion, the plaintiff's primary claim against the defendants and the conjunctive claim against the defendant C are all dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal against it is dismissed as it is without merit.