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(영문) 의정부지방법원 2020.01.21 2019나207944
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. In the first instance court’s judgment, the Plaintiff claimed payment of KRW 62 million and KRW 1 million for the Defendant, respectively, on December 15, 2017. The court of first instance accepted the loan claim and dismissed the portion of the health fee.

Since the defendant appealed against this, the subject of this Court's ruling is limited to 62 million won of the above loan.

2. The reasons for the court's explanation concerning this case are as stated in the main sentence of Article 420 of the Civil Procedure Act, in addition to the grounds for the judgment of the court of first instance, " February 22, 2018" in Part IV of the judgment of the court of first instance as " April 11, 2019" and "by May 30, 2019, which is the date on which the judgment of the court of first instance is pronounced" in Part VI as "by January 21, 2020, which is the date on which the judgment of the court of first instance is pronounced," respectively, and therefore, it is identical to the reasons for the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.

3. If so, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claims shall be dismissed as they are without merit.

Since the judgment of the court of first instance is unfair in some different conclusions, the part against the defendant ordering payment in excess of the above recognized amount among the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed, and the remaining appeal by the defendant shall be dismissed

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