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(영문) 서울중앙지방법원 2018.07.11 2017나48125
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations by the court of first instance, and it is recognized that the fact-finding and the judgment by the court of first instance are legitimate even if the witness C bears the testimony of the court of first instance, which were submitted in addition to the evidence duly admitted and investigated by the court of first instance to this court.

Therefore, the reasoning for the court’s explanation on the instant case is as follows: “2015Na34082” in Chapter 3 of the judgment of the court of first instance shall be corrected to “2016Na34082”; “ September 20, 2015” in Chapter 7 shall be corrected to “ September 20, 2016”; and “20,” in Chapter 3, the same shall apply to the reasoning of the judgment of the court of first instance except for adding or adding “the portion added or changed to. 2.”

2. A portion used for adding or cutting;

A. Part III, 8, and 9 of the judgment of the court of first instance are as follows.

C. On December 1, 2016, the Defendant filed an application for a compulsory auction of real estate G building No. 204 owned by the Seoul Western District Court F, Seoul Western District Court on December 1, 2016, based on the title of execution against E, which is a joint and several surety for the Plaintiff under the instant contract (as to the entries in the evidence No. 4 of this case, the Defendant appears to have received a notarial deed with the agreed amount of KRW 78,278,200 from E, a joint and several surety for the Plaintiff) and received a decision to commence compulsory auction on December 2, 2016 from the said court, and received dividends of KRW 78,278,200 on May 25, 2017, which is the date of distribution of the said auction procedure.

B. On the third page 10 of the judgment of the court of first instance, 17, 3 shall be added between “12” and “Notarial”.

C. The lower part of the first instance judgment’s Nos. 5 and 4 through 6 is as follows.

[Nos. 1, 2, 2, 4, and 6 of the evidence Nos. 1-2, 1-2, 2-2, and 6 respectively, the plaintiff filed a complaint against the defendant, D (the representative director of the defendant), and C (the person in charge of concluding the contract of this case) by violating the Specialized Credit Financial Business Act or perjury

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