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(영문) 서울고등법원 2015.07.17 2014나50618
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, in addition to eliminating some of the grounds for the judgment of the court of first instance and adding a decision on preliminary claims added at the court of first instance to the following.

(The main text of Article 420 of the Civil Procedure Act). The five-way “deleting” portion of the reasons for the judgment of the court of first instance shall be deleted.

2. Determination as to the additional preliminary claim

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion was paid as a loan to Defendant C, both KRW 20,00 (limited to KRW 22.8 million) that the Plaintiff remitted to Defendant C at Defendant C’s request on May 3, 2012, and USD 171,00 (limited to KRW 19,8360,00), and the total amount paid to Defendant C from June 15, 2012 to July 9, 2012 (limited to KRW 86,472,160). Since the Defendants agreed to pay the Plaintiff the principal and profit, the Defendants are obligated to pay the Plaintiff the interest and delay damages as a loan, the Plaintiff and the Defendants did not sell money to the Defendants’ business.

B. Although the Plaintiff’s transfer or payment of money to Defendant C as alleged in the Plaintiff’s assertion, it is not sufficient to acknowledge that the Plaintiff’s transfer or payment of money as above was made as a loan to the Defendants solely on the basis of the Plaintiff’s written statement Nos. 1-28 (including the entire serial number) submitted and each party’s examination of Defendant B and Co-Defendant E of the first instance court, and each party’s examination of Defendant B and Co-Defendant E of the first instance court, and there is no other evidence to acknowledge otherwise.

3. Thus, the plaintiff's claim against the defendants shall be dismissed in its entirety as there is no ground, and this conclusion is legitimate in the judgment of the court of first instance. Thus, the plaintiff's appeal against the defendants is dismissed.

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