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(영문) 대전고등법원 2019.12.05 2019나12754
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

The scope of this Court’s trial in the first instance court claimed against the Defendants, as stated in the purport of the claim, the amount of the loan (or any part of the loan that has been continued for several years) 122,446,775 won and the delay damages therefrom, and sought a preliminary payment of KRW 93,933,430 and the delay damages pursuant to the agreement made with the Defendants on September 4, 2013.

The first instance court dismissed the plaintiff's primary claim and rendered a judgment citing only the conjunctive claim, and only the defendants appealed against the conjunctive claim in the first instance judgment, which is the part against which the defendants lost.

In such a case, the effect of the appeal by the filing of a lawsuit is naturally limited to the scope of the appeal by the Defendants, i.e., the legitimacy of the judgment of the court of first instance which accepted the conjunctive claim, regardless of the scope of the appeal by the appellate court. Thus, the primary claim cannot be subject to the adjudication.

(see, e.g., Supreme Court Decision 94Da31624, Feb. 10, 1995). Accordingly, the subject of adjudication by this court is limited to the Plaintiff’s conjunctive claim for which the Defendants filed an appeal.

The court's explanation of this case by the court of the first instance as to this case is identical to the part of the first instance judgment in addition to the part written by the court of first instance as to this case, and therefore, it is citing this as it is in accordance with the main sentence of Article 420 of

(1) In addition, the part of the first instance judgment accepting the Plaintiff’s conjunctive claim is justifiable after rejecting the Defendants’ assertion, even if all the evidence submitted by the first instance court and this court are examined, the grounds alleged by the Defendants in the appeal are not significantly different from the allegations in the first instance court. The part of the first instance judgment to be used by the Defendants is reversed as follows.

b) it is apparent that it is a disposal document;

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