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(영문) 서울고등법원 2018.12.13 2018나2039899
대여금
Text

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

2. The portion resulting from the principal lawsuit out of the costs of appeal.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, inasmuch as the reasoning of the judgment is the same as that of the judgment of the court of first instance, except for the parts cited or added in paragraph (2)

2. On the 4th page 4, the part to be removed or added, 2nd page “the damages claim lawsuit” (hereinafter “related civil lawsuit”) is added to the following.

The 5th 9th 9th 7th 9th 7th 2th 2th 2th 2th 2th 3th 3th 3th 2th 2th

Under 5, 9 to 6 pages 7 are as follows:

“A) The instant agreement is a juristic act under the condition of suspension to pay the agreed amount in a case where the conditions set forth in the “payment method” are met. Since the conditions have not been fulfilled, the Defendants did not have the obligation to pay the agreed amount to the Plaintiff.

B) The agreement of this case was concluded at the first instance court of the relevant civil procedure in a state of winning the agreement, and it constitutes a motive for the agreement. However, the agreement of this case was finally determined and conclusive in the relevant civil procedure and thus becomes ineligible for payment of the amount of judgment, which constitutes a case where both parties mistake as to the motive or premise of the agreement of this case. Therefore, the Plaintiff’s assertion that the agreement of this case was null and void with the Defendants around July 13, 2017 on the premise that the agreement of this case is valid by the delivery of a preparatory document as of July 13, 2017 is without merit.

The 7th 6th 6th 6th son’s “Evidence A1 through 5, 18, and 13” are the same as “Evidence A1 through 5, 18, and 13.”

7 to 7 pages 7-8's "Evidence 5, Nos. 1 and 2" are "Evidence 1, 2, 5, and 16."

No. 8. 12.

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