logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.06.20 2017나470
계금
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 reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following "2. Additional Determination" to the assertion that the plaintiff emphasizes in this court, and therefore, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The claim as to KRW 12,50,000 for the first and second old accounts and the first old accounts of KRW 12,500 for the Plaintiff’s claim as to KRW 12,50,000 for the first and second old accounts of KRW 12,50,000 for the first and second old accounts by C through the Plaintiff, is irrelevant to the conciliation as established in the lawsuit of a loan claim filed by the Defendant against the Plaintiff (the Incheon District Court Decision 201Ga43586).

In the first instance court, the Plaintiff asserted to the effect that “the Plaintiff paid the entire payment of the entire accounts of the first and second accounts,” but argued to the effect that “the payment of the accounts corresponding to the first half accounts was made by C through the Plaintiff.”

Considering the overall purport of the statements and arguments, Gap 1, 4, 6, 7, Eul 1, and 2: (a) the deposit amount was paid in the name of "D" which is a restaurant operated by the plaintiff on the first and the first and/or second accounts; (b) even if the plaintiff did not pay KRW 11 million in relation to the old accounts operated by the plaintiff on the first and second accounts, the plaintiff was paid the deposit amount corresponding to the first and the first accounts; and (c) on March 26, 2007, the plaintiff refunded the defendant "6 million won" to the defendant on March 26, 2007.

“Preparation and issuance of a cash storage certificate to the effect that the Plaintiff also included KRW 11,00,000 in the amount unpaid in connection with the first system; ④ The conciliation was formed in the case of loans granted by the Incheon District Court 201Gadan43586 (hereinafter “instant conciliation”); ⑤ The case where C claims the Defendant for the first and second fraternity 1/2 amount against the Defendant (Seoul Western District Court Decision 2011Na156756).

arrow