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(영문) 부산고등법원(창원) 2015.02.05 2013나21348
대여금등
Text

1. Of the judgment of the court of first instance, the part concerning Defendant B is modified as follows.

Defendant B’s KRW 20,095,683 and its amount.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as stated in the part of the reasoning of the first instance judgment, except where part of the reasoning of the first instance judgment is used as stated in the following paragraph (2). Thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. On the 4th judgment of the first instance court, the “this court” in the 16th judgment is regarded as the “court of the first instance.”

B. Each witness of the six pages 1 and 17 of the judgment of the court of first instance shall be considered as a witness of the court of first instance.

C. On the 6th and 15th of the judgment of the first instance court, the phrase “B evidence Nos. 6, Eul evidence Nos. 7-3, 4, 8, 10, 11, 13, and Eul evidence Nos. 8 through 11” is deemed to read “B evidence Nos. 6 and 13-25, testimony of witnesses G of the first instance trial, results of appraisal by the appraiser of the first instance trial.”

Of the judgment of the court of first instance, “20,95,683 won (20,55,683 won (the remaining principal 3,548,808,508 plus interest 16,546,875) and the remaining principal 3,548,808 won [20,095,68 won [the remaining principal 19,108,123 won (the remaining principal under Article 479 of the Civil Act)] of 20,683 won [the remainder 19,108,123 won] and the remaining principal] of 20,683 won (the remainder 19,108,123 won) are interest and principal. Thus, the remainder of the remainder of the repayment made by the plaintiff in the order of interest and principal as stated in the attached Table] of the payment list.”

E. On the 7th judgment of the first instance court, the second sentence of the first instance court stated “ October 24, 2013, which is the date of the imposition of sentence,” as “ February 5, 2015, which is the date of the pronouncement of the first instance judgment.”

F. The details of payment in the attached Form 9 or 12 of the judgment of the court of first instance are as shown in the attached Table.

3. Thus, the plaintiff's claim against the defendants is justified within the scope of the above recognition, and the remainder is dismissed as there is no ground, and the part of the judgment of the court of first instance is unfair as it is in part of the conclusion.

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