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(영문) 서울고등법원 2018.01.18 2017나2061271

추심금

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 reasons why the court should explain in this judgment are as stated in the reasoning of the judgment of the court of first instance except for the cases where a part of the reasoning of the judgment of the court of first instance is changed as stated in the reasoning of the judgment of the court of first instance, and thus, it shall be cited by the main sentence of Article 420 of the Civil Procedure

2. Parts to be dried;

A. On September 28, 2016, the part of the first instance court’s 8th 2-3 portion of “a loan lent to the Defendant by the Plaintiff on the basis of the original copy of the payment order against the consignment” (hereinafter “instant loan”) was deemed to be “the amount the Plaintiff asserted that the consignment was lent to the Defendant on the basis of the original copy of the payment order against the consignment as of September 28, 2016 (hereinafter “instant loan”).

(b)in accordance with Part 5 of the 8th sentence of the first instance court, “service was made”.

(c)the following shall be added between conduct 8 and 9 of the judgment of the first instance.

【The Plaintiff was issued a seizure and collection order (No. 2017TTT 6504, Nov. 13, 2017) with respect to KRW 5,206,282,634, among the administrative service charges claims against the Defendant based on the original payment order (No. 2016j. 1236, Nov. 9, 2017) against the wall transmission as of November 9, 2017. The Plaintiff was issued a seizure and collection order (No. 2017TT 6504, Nov. 13, 2017)

(d) Nos. 9 to 10 of the first instance court ruling "Nos. 1, 3 to 8, and 10 of the first instance court ruling" has been written with "Nos. 1, 3 to 8, and 10 of the first instance court ruling."

(e) No. 13-14 of the judgment of the first instance court shall be decided “3. Judgment on the Party’s argument”.

(f) Part 10 of the first instance court's 10th judgment "only with the entries of evidence A 5 through 8 are written in each of the statements in evidence A 5 through 8, 13 through 15, etc. submitted by the Plaintiff to this court, including the evidence submitted by the Plaintiff to this court, and all of the circumstances surrounding the arguments," shall be written.

G. Decision of the court of first instance No. 12-13