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(영문) 서울고등법원 2016.02.26 2015나2055098

연대보증금 등 청구의 소

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 200,000,000 and its interest on October 2014.

Reasons

1. The reasons why this part of the basic facts is explained are the same as the description of the corresponding part of the judgment of the first instance ("1. Basic Facts") except for adding the following judgments as to the defenses newly asserted by the defendant in the trial at the end of the corresponding part of the judgment of the first instance (from the bottom of the fifth to the third part). Accordingly, this part shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[A. The defendant asserts that there was an alteration in the evidence No. 1 (the certificate for tea use), but it is sufficient to use the ground for recognition as the ground for recognition only for the establishment without dispute, and the part alleged that the alteration is made by the defendant does not interfere with the above fact-finding]

2. The reasons why the parties' arguments regarding this part of the judgment of the court of first instance are as stated in the corresponding part of the judgment of the court of first instance (as stated in the main sentence of Article 420 of the Civil Procedure Act), "(a)" is added in the corresponding part of the judgment of the court of first instance that "(b) is only a repayment by substitute or by delivery of interest from the principal debtor, or by delivery of interest from the principal debtor," and it is just a statement in the corresponding part of the judgment of the court of first instance (as stated in the grounds for this part of the judgment of the grounds for appeal) that "(a). (5)" (as stated in the main sentence of Article 7, No. 11 of the judgment of the court of first instance (as there is no evidence to acknowledge that the defendant again delivered interest to the plaintiff with the principal debtor)," and "(b)" cannot be added to "(3)(a)(6)(1)(1) and (5)(200,000 won or 200 won(s) are loaned to the principal debtor or 20000.0.