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(영문) 서울고등법원 2016.05.13 2015나2032859

채무부존재확인 등

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. The reasoning of the judgment of the court of first instance as to the instant case is as follows, or as stated in the reasoning of the judgment of the court of first instance, other than adding a judgment of the parties to the instant case as to the new argument at the court of first instance as set forth in paragraphs 2 and 3 below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure

The third written judgment of the court of first instance shall be "materials", and the third written judgment of the court of first instance shall be "insurance Contract" in the sixth written judgment shall be "pension Insurance Contract".

The fourth sentence of the first instance court's decision "not later than May 18, 2014" shall be construed as "not later than May 8, 2014", and the fourth sentence's "17,247,440 won" as "17,247,770 won".

"A seal affixed to the Plaintiff's corporate seal at the last end of the 5th judgment of the first instance court" shall be added.

The "Evidence No. 9" is added to the front of the fifth 15th 15th 15th 15th 200, and the "the fact that the contract was concluded" from the "the fact that it was concluded" in the 18-21th 21th 200 to the "the fact that it was concluded" is "the contract of June 24, 2009".

) The Plaintiff may recognize the full repayment of the above loans thereafter, but the Plaintiff shall be limited to “the 6th of June 4, 2009 contract” and “the 14th of June 24, 2009 contract” shall be limited to “the 6th of June 2009 contract” and “the 14th of the 7th of the judgment of the first instance shall be limited to “a certificate of seal imprint” and “the 7th of the 7th of the 7th of the decision of the first instance shall be added to “the 8-9th of the 9th of the 1 instance judgment” and “the 6th of the 10th and 9th of the 10th judgment” shall be added to “the 5370 of the 5373th of March 13, 2008.”

2. The Defendant’s determination on the Defendant’s additional assertion as to the claim on the principal claim is that the insurance contract loan, such as the instant contract, is performed as a performance of an obligation under the terms and conditions, and the contract, which forms a whole of the insurance contract, and the substance of the loan, is an insurance contract that an insurance