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(영문) 부산고등법원 2015.10.21 2015나1512

정산금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for the court's explanation of this case is as follows: "Therefore, the statements in the evidence Nos. 3 through 7, 9, and 12 of the judgment of the court of first instance, and the circumstances alleged by the plaintiff alone," and the part of the 6th to No. 20 to No. 7 of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, except for the 6th to No. 20 to No. 7.

Rather, in full view of the facts and the purport of the entire pleadings as seen earlier, the Plaintiff and the Defendant: (a) entered into the instant mortgage agreement with the maximum debt amount and completed the instant mortgage agreement with the Defendant on October 13, 2004; (b) settled the remainder of the loan amount of KRW 80,630,000 by appropriating for the part of the Plaintiff’s loan obligation; and (c) the Plaintiff received the Plaintiff’s certificate No. 1 of this case (the date the letter was received on November 29, 2005, 120,630,000 from the Defendant as to the 7 households of this case as of November 29, 2005, the Plaintiff, the mortgagee, the Defendant, and the Defendant received the Plaintiff’s 120,630,000,000 from the Defendant as to the 7 households of this case with the same amount as the settlement amount, and accordingly, the Plaintiff’s 30,000,000 won as to the above 20.

A person shall be appointed.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so ordered as per Disposition.