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(영문) 서울고등법원 2018.04.19 2018나2008802
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The court's explanation about the instant case as to the cited part of the judgment of the court of first instance, "1. Basic Facts"

2. Determination

A. The parties' assertion

(b) Fact of recognition;

C. 1) and 2) are the same as the corresponding part of the judgment of the court of first instance (from 7, 7, and 15, respectively), and thus, the corresponding part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Conclusion, the Plaintiff filed the instant claim claiming the Defendant for the payment of investment amount on the premise that the instant contract is an investment contract. As seen earlier, the instant contract is not an investment contract, but a loan for consumption, and thus, the Plaintiff’s claim seeking the payment of investment amount should be dismissed.

(B) Even if the Defendant recognized the instant contract as a loan for consumption, insofar as the Plaintiff did not make a claim for a loan under a loan for consumption under a loan for consumption, part of the Plaintiff’s claim cannot be accepted, as in the judgment of the first instance, on the premise that the instant contract is a loan for consumption as in the contract for consumption). The judgment of the

However, in this case where only the plaintiff appealed, the part cited in the first instance court which was disadvantageous to the plaintiff, who is the appellant, cannot be revoked, and the corresponding part of the claim cannot be dismissed. Therefore, the plaintiff's appeal is dismissed.

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