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(영문) 서울고등법원 2013.11.08 2012나89995
대여금반환
Text

1. The part concerning the conjunctive claim in the first instance judgment shall be revoked.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. The first instance court's consolidated examination of the claim for the principal claim and the conjunctive claim for damages at the end of the consolidated examination of the main claim, and only the defendant appealed against the order that only dismissed the main claim and rendered a judgment citing only the conjunctive claim. Thus, the effect of the first instance court's lawsuit is naturally limited to the whole case and the part of the main claim is also transferred to the appellate court. However, the scope of the appellate court's trial is limited to the legitimacy of the first instance court's judgment that accepted the conjunctive claim. Thus, in this case without the plaintiff's incidental appeal, the subject of the trial is limited to the conjunctive claim (see, e.g., Supreme Court Decision 2002Meu852, Dec. 26, 2002). 2.

A. The plaintiff's assertion that "the plaintiff would give money to the defendant 100 million won to the defendant and return it to D including the above KRW 100 million by purchasing and selling the bamboo products." If the plaintiff gives money to the defendant, he would think that the defendant would pay the money to D, and paid KRW 100 million to the defendant. However, the defendant used the money to pay the money to the defendant.

Because of the defendant's above deception, the plaintiff suffered damages of KRW 100 million, and the defendant shall compensate for the damages.

B. 1) Since around September 2004, D, which operated C with the manufacture, supply, and sale of clothes, traded with the Defendant from around September 2004 by selling them through the selling place. In ordinary, the Defendant purchased and supplied the leather products with his own money to D, and then claimed for the payment to D by adding profits. 2) D listens to the horses from the customers of Japan to supply them with 2,000 points of leather products, and requests the Defendant to supply them with 2,00 points of leather products.

3. The defendant shall purchase price of 2,00 copies of leather products 100 million won.

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