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(영문) 서울고등법원 2020.12.24 2020나2011856
채권조사확정재판에 대한 이의의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the plaintiff in the trial does not differ significantly from the argument in the court of first instance, and the judgment of the court of first instance rejecting the plaintiff's assertion even if the evidence submitted in the trial was newly examined, is recognized as legitimate.

Therefore, the reasoning for the court’s explanation on the instant case is as follows: (a) and (3) of the reasoning of the judgment of the first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act, and thus, the same shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure

C. Foods

A. Part 2 of the fifth page of the Promissory Notes “The Promissory Notes No. 1,” “The Promissory Notes No. 2,” refers to “the Promissory Notes No. 1, 200,” and each of the said Promissory Notes No. 3 through No. 9, is as follows: (b) The 8 pages No. 3 through No. 3. 8 are as follows. Even if the Promissory Notes No. 1, the Defendant’s representative, issued the Promissory Notes No. 1,80,000 won in total, thereby causing damage to the Plaintiff due to the Plaintiff’s tort under Article 35 of the Civil Act.

Therefore, the plaintiff's rehabilitation claim against the defendant is 1.8 billion won.

A person shall be appointed.

(c)under paragraph 9, the term "the issuance of a notarial deed of a Promissory Notes" shall be read as "issuance of a Promissory Notes and Notarial Acts".

Part 10 of the 10th page "notarial deed of Promissory Notes" shall be regarded as " Promissory Notes".

(e) eliminate each “notarial deed” in Part 6, 14, 7, 15, and 16.

(f) “Witness’s testimony” in Part 11 of the 13th page is considered as “each testimony of T and P of the first instance trial witness”, and “this court” as “the first instance court”.

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