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(영문) 대구고등법원 2017.03.29 2016나25677
대여금
Text

1. Of the judgment of the court of first instance, jointly with the co-defendant A and B of the court of first instance, 248,875 won out of 600,688,250 won to the Plaintiff.

Reasons

1. The grounds for this part of the facts are as follows: (a) the joint Defendant A, B, E, and the part indicated as “Defendant” in the indication of the parties to the loan agreement of the first instance court is changed to “joint Defendant of the first instance court”; (b) the part of the 6th judgment “C. 2”; and (c) the 7th judgment of the first instance court is as follows; and (c) the 7th judgment is as follows: “The grounds for the recognition of the 7th judgment” is the same as the part of “1. Basic Facts” among the reasons for the first judgment; and (b) on May 2, 2014, F applied for the registration of the establishment of a mortgage of each of the instant forest of this case to the Plaintiff on behalf of the Plaintiff on 200 million won (hereinafter “the 205th judgment of the first instance court”), and the registration of the establishment of a mortgage of this case to the Plaintiff on behalf of the Plaintiff on May 2, 2014.

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion is that the owner of each forest of this case was B (1932) and the registration of the establishment of the ownership of this case and the establishment of the neighboring forest shall be completed due to negligence on the part of the owner of each forest of this case, despite having been negligent in confirming the ownership of this case. As such, the Plaintiff, who entered into a loan agreement with the co-defendant A of the first instance court, incurred considerable damages to the loan amounting to KRW 1 billion, the Plaintiff was liable to compensate the Plaintiff for damages incurred by tort, which is the joint Defendant A of the first instance court.

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