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(영문) 서울고등법원 2018.05.01 2017나2007413
대여금반환
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. As to this part of the basic facts, the corresponding part of the grounds of the judgment of the first instance shall be cited as the grounds of this judgment pursuant to the main sentence of Article 420 of the

However, part of them shall be cut as follows:

On the two sides of the judgment of the court of first instance, “C (the trade name before the modification: D.; hereinafter “Nonindicted Company”)” shall be incorporated into “Plaintiff’s Intervenor (the trade name before the modification: D., N.,O., and hereinafter “ Intervenor”).”

Each "foreign company" between the 3rd to 7th day of the judgment of the first instance and the 9th day below shall be applied to the intervenor company, respectively.

2. Determination on the main claim

A. The Defendant’s judgment on the defense prior to the merits is that the actual subject of the two accounts in the name of the Plaintiff (I and J) and the parties thereto are the participants, and thus, in order to file a claim against the Defendant based on the said accounts, only the Intervenor, other than the Plaintiff, may file a claim against the Defendant.

Therefore, the plaintiff asserts that there is no standing to be a party in the main lawsuit of this case.

In a lawsuit for performance, the plaintiff's standing as a party itself is apparent in the plaintiff's claim and the judgment is added to the judgment of the propriety of the claim, so the person who asserts himself/herself that he/she has the right to demand performance, which is a subject matter of lawsuit, is a legitimate plaintiff (see, e.g., Supreme Court Decisions 94Da14797, Jun. 14, 1994; 2003Da44387, 44394, Oct. 7, 2005). Since the plaintiff asserts himself/herself that he/she has the right to demand performance (see, e.g., Supreme Court Decisions 2003Da44387, 44394, Oct. 7,

B. 1) As to the Plaintiff’s assertion on the merits, the pertinent part of the reasoning of the judgment of the first instance is cited as the grounds of this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act. 2) The claim for the return of the loan is filed.

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