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(영문) 광주지방법원 2019.11.27 2019나55865
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Where the withdrawal of an appeal is not submitted even though the parties to the lawsuit of this case have agreed on the legitimacy of the lawsuit of this case, the other party may assert it as a defense. In this case, the appellate court shall, in principle, dismiss the appeal by deeming that there is no interest in the appeal.

(1) The Plaintiff and the Defendant received KRW 9,440,00 from the Defendant on July 2019, and waivers of the remainder of the right (the claim for lawsuit costs of this case No. 2018da276409) (the claim for lawsuit costs of this case), and the Defendant agreed to withdraw the instant appeal and criminal complaint. The Plaintiff agreed to withdraw the instant appeal from the date of first pleading of the court. As the Plaintiff agreed to withdraw the instant appeal from the Defendant on May 30, 2018, the instant appeal is unlawful.

According to the above facts of recognition, since the plaintiff and the defendant agreed to withdraw the appeal of this case, they did not withdraw the appeal, the appeal of this case by the defendant is unlawful as there is no benefit of appeal.

2. In conclusion, the defendant's appeal of this case is unlawful and thus it is decided as per Disposition.

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