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(영문) 서울고등법원 2019.01.09 2018나2023269

보관금 반환 청구의 소

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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. The reasoning of the court's explanation concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for the following modifications.

[Modification] Part] Part of the first instance court's decision No. 4 "L cost" is regarded as "L-related cost."

On the seventh page of the judgment of the first instance court, the first instance court prior to the transfer of the right to collateral security of KRW 1,350,000,000 for the maximum amount of credit under the fourth sentence is as follows.

Around 253,713,446 won of the maximum debt amount set forth in Wedg-gun of the maximum debt amount of 1,350,000 won and Wedg-gun of the Chungcheongnam-gun of the Republic of Korea respectively (as seen in the rear and rear, the Plaintiff recovered from each auction file of the above real estate the sum of KRW 1,281,120,549 (a sum of KRW 80 percent of the maximum debt amount of each of the above maximum debt amounts) based on each of the above mortgages from the auction file of the above real estate.

[] Part XI (2) of the first instance judgment of "the following is added to the following:

【 Furthermore, the Plaintiff asserts to the effect that, in the first instance trial, the Plaintiff cannot accept the same as the number Nos. 4, 6, 7, and 9 of the above table.

However, the consistent statement in the first instance court as to each item of mutual aid is obvious that the Defendants’ submission of a written reply as of January 5, 2017, and that the statement was made on May 16, 2017 at the first instance court’s date of pleading, the organization and disposition of the issues at the court of first instance as of the said date of pleading, the subsequent submission of written statements as of August 14, 2017 by the Plaintiff, and the subsequent submission of written statements as of August 18, 2017 at the date of pleading on August 3, 2017.

In light of this, a confession between the plaintiff and the defendants has been established as to each of the above deduction items (in order to revoke the confession, not only is it against the truth but also it should be recognized that it is based on mistake, and there is no evidence to acknowledge it) or at least.