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(영문) 서울고등법원 2015.06.25 2014나2046547

대여금

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court should explain this part of the facts of recognition are as stated in the part of “1. Facts” among the reasons for the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

From 2 pages of the first instance judgment to 4 to 5, “Defendant C and D” shall be read as “Defendants”.

At the bottom of the judgment of the first instance court 2, 2, 3, 2, 8, 10, 12, 14, 16-18 "Defendants" are respectively listed as "the defendants of the first instance court."

The 3 pages 22 of the judgment of the first instance court shall be the witness of the first instance court as "the witness of the first instance court".

2. The grounds for the court’s explanation as to this part of the argument and judgment are as follows: (a) the reasoning for the judgment of the court of first instance is as stated in the part of “3. Determination as to the claim against Defendant C and D” among the reasons for the judgment of the court of first instance; and (b) thus, they are cited in accordance with the main sentence of

Defendant C and D shall be jointly and severally with Defendant B, barring any special circumstance, in the fourth 7 to 8th 7th son of the first instance judgment. The Defendant shall be jointly and severally with Codefendant B of the first instance trial, except in extenuating circumstances.

The defendants of the first instance court's decision 4 pages 11, 20, 5, 20, 5, 8, 7, 9-11 "the above defendants" shall be "the defendants" respectively.

The defendant C and D are different from the defendant, respectively, in 4th 13th 13th 4th 5th 4th 6th 6th 7th 8th 7th 8th 7th 8th 7th 7th 7th 7th 7th

The witness of the first instance court shall be dismissed on 4th 18th 18th 18th 18th 18th 5th 18th 2th 3th 4th 4th 19, and the "this court" shall be dismissed as "the court of first instance".

After the 7th decision of the court of first instance, the plaintiff asserts that the loan obligation of this case cannot be viewed as commercial liability inasmuch as it is merely a subjective intent of the defendants, even though the loan act of the defendants was prepared for amusement business.

A person who prepares for business prior to the commencement of a basic commercial activity which is the object of his/her business, shall engage in commercial activities.