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(영문) 수원지방법원 2018.11.15 2018나57087
대여금
Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to paragraph (1).

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the part concerning the defendant in the reasoning of the judgment of the court of first instance, except for amendments as set forth below, and thus, it is acceptable as it is in accordance with the main sentence

【Supplementary part of the judgment of the court of first instance” No. 3, 18 of the judgment of the court of first instance, “No evidence exists” is deemed as “No evidence No. 1 is insufficient to reverse the recognition.”

Part 3 of the judgment of the court of first instance is No. 19 to No. 21-Ra. 3.

subsection (1) of this section shall be as follows:

D. If so, the defendant, as a co-debtor for the instant loan, jointly with the co-defendant B of the first instance court, is obligated to pay the Plaintiff the loan amounting to KRW 100 million and interest and damages for delay (the plaintiff sought payment of the above money jointly with the above defendant, but the evidence submitted by the plaintiff alone is insufficient to deem that the defendant was jointly and severally liable for the said money, and there is no other evidence to recognize otherwise).

2. As the judgment of the court of first instance is justifiable, the defendant's appeal is dismissed, but it is obvious that "joint and several" as stated in paragraph (1) of the judgment of the court of first instance is a clerical error in "joint and several liability" (or, since it is reasonable to view the relationship between the defendant and the co-defendant B as a joint and several liability relationship with the defendant, the appellant and the defendant are not disadvantageous to the defendant).

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