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(영문) 서울동부지방법원 2020.09.09 2019나30572
대여금
Text

1. The plaintiff's appeal is dismissed.

2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.

Reasons

1. From the first instance court to March 13, 2013, the Plaintiff filed a claim for unpaid loans of KRW 47,203,589 and interest or delay damages of KRW 70,00,00 and interest or delay damages of KRW 70,00 as of March 17, 2017. The first instance court accepted the claim of KRW 47,203,589 and rendered a judgment dismissing the claim of KRW 70,00,00,000.

Since only the plaintiff appealed against this part, the part of the claim of KRW 47,203,589 among the judgment of the court of first instance is excluded from the object of the judgment of this court, and only the claim of KRW 70,000,00 is subject to the judgment of this court.

On the other hand, the Plaintiff’s claim amounting to KRW 70,000,000 as the primary claim at the trial. The Plaintiff added the claim amounting to KRW 100,000,000 as of May 2, 2014 and the damages for delay thereon, and said claim was the preliminary claim. However, the claim amounting to KRW 70,000,000 and the claim amounting to KRW 100,000,000 are not logically impossible, and thus, it cannot be said that there is a primary and preliminary claim, and thus, there is a relationship of simple annexation.

2. Determination

A. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act.

B. The lower court’s determination on the claim amounting to KRW 70,000,000 as of March 17, 2017 is based on this part of the reasoning of the first instance judgment, except as follows.

Inasmuch as the part on the claim for a loan of KRW 70,00,000 is identical to that on March 17, 2017, the said part is cited pursuant to the main text of Article 420 of the Civil Procedure Act. The evidence submitted by the Plaintiff, “(s) through 9, 13, and 13. The fourth 4th 5-6th 5th 6th 6th 5th 6th 5th 6th 8th 6th 6th 6th 6th 8th 8th 8th 6th 6th 6th 6th 8th 8th 6th 6th 6th 6th 6th

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