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(영문) 서울고등법원 2015.11.18 2015나13661

청구이의

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of the court of first instance, except for adding a dismissal or judgment as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

In the first instance judgment, under the first instance judgment, “In addition, each notarial deed of this case has no res judicata effect, and only has executive force. Since the Defendant did not pay the money on each notarial deed of this case to the Plaintiff, a claim for loans and promissory notes against the Plaintiff on each notarial deed of this case cannot be established.” On the 5th through 20th of the first instance judgment, “The result of the Plaintiff’s personal examination alone is insufficient to recognize it, and there is no other evidence to prove the above assertion of the Plaintiff.” Therefore, it is insufficient to acknowledge the presumption of the authenticity of each power of this case as to each of the delegation of this case by the Plaintiff, and there is no other evidence to prove the facts alleged by the Plaintiff.” Accordingly, the court below added the following judgments to the first instance judgment under Article 13.

In light of the above facts, the Plaintiff received a total of KRW 110 million from August 2009 to December 12, 2009 as the amount of money invested under the above joint operation agreement from the Defendant as to the establishment of claims on each of the notarial deeds of this case. The above KRW 100 million is equal to the total of KRW 40 million, the amount of KRW 80 million, the amount of which is the Plaintiff’s debt on each of the notarial deeds of this case, and KRW 120 million, the amount of KRW 80 million, the amount of which is the Plaintiff’s debt on each of the notarial deeds of this case, and the Plaintiff specified the promise on November 11, 2009 to the Defendant as to the money borrowed from the E joint operation agreement of this case.