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(영문) 서울중앙지방법원 2017.09.27 2017나29001
대여금 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The fact-finding and judgment by the court of first instance, citing the judgment of the court of first instance, shall be justified even if the evidence submitted by the court of first instance, which was duly adopted and examined, was presented to the court.

Therefore, the reasoning for the court’s explanation on the instant case is as follows, except for the addition of the following “2. Additional Determination” to the allegations added by the Plaintiff in this court, and therefore, it is identical to the ground for the first instance judgment. Therefore, it is acceptable in accordance with the main sentence of Article

2. The Plaintiff asserts that the Defendant Company is an individual business entity of Defendant B, and that Defendant B has expressed his intent to directly repay the Plaintiff several times, and that only the Defendant B has partially repaid the loan, and that Defendant B bears the obligation to jointly repay the above loan obligations.

In light of the above facts, it is not sufficient to recognize that Defendant B expressed to the Plaintiff the intent to bear legal liability by repaying the above loans to the Plaintiff of Defendant Company separate from the Defendant Company, and there is no other evidence to support this, the Plaintiff’s above assertion is not acceptable. It is not acceptable to accept the Plaintiff’s assertion, since there is no other evidence to support this.

3. If so, the Defendant Company pays to the Plaintiff damages for delay at each rate of 5% per annum as stipulated in the Civil Act from June 3, 2015, which is obviously deemed reasonable to dispute as to the existence or scope of the obligation of performance of this case from June 3, 2015 to the day following the delivery date of a copy of the complaint of this case for which the Plaintiff seeks performance of this case from June 3, 2015, and from the next day to the day of full payment, 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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