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(영문) 부산고등법원(창원) 2019.05.30 2019나10180

대여금

Text

1. The plaintiff (Counterclaim defendant)'s appeal against the main claim and the conjunctive claim added by this court are all dismissed.

2.

Reasons

1. The court of first instance accepted the Plaintiff’s claim against Co-Defendant B and C of the first instance trial, and dismissed both the Plaintiff’s claim against the Defendant and the Defendant’s counterclaim against the Plaintiff. Accordingly, the subject of the judgment by this court is limited to the Plaintiff’s claim against the Defendant and the ancillary claim added in the trial.

2. The reasons for this part of the underlying facts are as follows: “Defendant C” as “Co-Defendant C of the first instance trial”; “Defendant B” as “Co-Defendant B of the first instance trial; and “Defendant D” as “Defendant”; and “Defendant D” as “Defendant”; therefore, this part of the reasoning for the first instance judgment is identical to the part of “1. Recognition” in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. The assertion and judgment

A. The plaintiff's assertion 1) The actual seller of the sales contract of this case was aware of the fact that he was the plaintiff, and the defendant is obligated to pay 86,000,000 won for the purchase and sale (=750,000,000 won for the purchase and sale contract of this case - 125,000,000 won for the purchase and sale contract of this case (75,000,000 won for the intermediate payment of 75,000,000 won for the contract) paid to the plaintiff as part of the contract of this case - 350,000 L association loans - K's provisional seizure deposit - 89,00,000,000 won for the provisional attachment deposit - 1,000,000 won for the sale and sale contract of this case (the amount claimed by the defendant to be paid to the plaintiff for the settlement of national taxes paid to the M of stock company) and damages for delay in this case.