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(영문) 광주지방법원 2020.10.14 2019나66216
대여금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. In the first instance court, the Plaintiff sought compensation for damages and loans against the Defendant, and the first instance court dismissed all of the Plaintiff’s claims.

In this regard, the plaintiff appealed only to the damages claim portion, so this Court's judgment is limited to the damages claim portion.

2. The reasoning of the judgment of the court of first instance is the same as that of the relevant part of the judgment of the court of first instance, and thus, it is cited pursuant to the main sentence of Article 420 of the Civil Procedure

(3) The plaintiff asserts that the plaintiff's claim for the settlement of accounts due to the defendant's withdrawal from his/her business in addition to embezzlement of KRW 65,00,000 that the defendant paid to his/her partner as his/her partner. However, the plaintiff asserts that the defendant is obligated to pay KRW 65,00,000 paid for the purpose of his/her business inasmuch as he/she arbitrarily uses his/her partner's business. This is identical to the embezzlement of the plaintiff's partner's funds, and the lawsuit for the settlement of accounts due to the withdrawal from his/her business constitutes a requisite co-litigation, and all the members of the other members shall become the parties to the lawsuit. In light of the arguments of this case, the plaintiff's claim for the settlement of accounts is not a cause of claim of this case.

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