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(영문) 서울고등법원 2015.06.26 2014나2008576

대여금

Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's primary claim and conjunctive claim against the defendants.

Reasons

1. In the case of the preliminary consolidation of the scope of adjudication of this Court, since several claims are indivisiblely combined with one litigation procedure, the judgment of this Court is not legally permitted as it goes against the nature of the preliminary consolidation, such as accepting only the preliminary claims, rejecting only the primary claims, and rejecting only the preliminary claims, and rejecting the preliminary claims. Nevertheless, in the case of a judgment which does not judge the preliminary claims while rejecting the primary claims, if an appeal against the judgment was filed, the part of the preliminary claims, for which the judgment was omitted, shall be transferred to the appellate court, and it shall not be deemed that the part of the judgment was incomplete

(2) In light of the legal principles as seen earlier, the first instance court rejected the Plaintiff’s primary claim but did not separately decide on the conjunctive claim. In light of the legal principles as seen earlier, the Plaintiff asserted that the Defendant lent money to E (the deceased on August 21, 2012, hereinafter “the deceased”). If the Plaintiff did not lend money to the deceased, the Plaintiff filed a claim for compensation for damages due to nonperformance of obligations equivalent to the same amount in the first instance. The first instance court dismissed the Plaintiff’s primary claim, and did not separately decide on the conjunctive claim. As the Plaintiff appealed against this first instance judgment, the first instance court’s conjunctive claim rejected as well as the conjunctive claim rejected as well as the lower court’s conjunctive claim rejected as well as the lower court’s judgment should be deemed to be included in the scope of the judgment of this court.

2. The following facts do not conflict between the parties, or each statement of Gap evidence 1-1 to 10, Gap evidence 2, Gap evidence 4-1 to 3, Gap evidence 5-1, Eul evidence 4-1, and Eul evidence 4-1, and the response of the first instance court's order to submit financial transaction information to the National Agricultural Cooperative Federation of the first instance court.