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(영문) 서울중앙지방법원 2017.11.29 2017나28893
구상금
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 ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument by the court of first instance, and the fact-finding and judgment by the court of first instance are justified in view of the evidence submitted by the court of first instance to the court of first instance, and each statement of evidence Nos. 20 through 24 (including each number of evidence) submitted to the court of first instance is examined.

Therefore, the reasoning for the court’s explanation on the instant case is as follows, except for the addition of the following “2. Additional Judgment” to the argument that the Plaintiff added as the cause of the claim as to the primary purport of the claim, and therefore, it is consistent with the reasoning of the judgment of the first instance. Therefore, this Court shall accept it as it is in accordance

2. Additional determination

A. On March 11, 2013, the summary of the Plaintiff’s assertion was prepared and delivered by the Defendant with a confirmation that he/she will be liable for the loan granted from the Agan Agricultural Cooperative (Evidence No. 5) by providing the Plaintiff with real estate having a specific address as security and taking responsibility for the loan granted from the Agan Agricultural Cooperative. It is deemed that the Defendant

Therefore, the Defendant is obligated to pay to the Plaintiff the principal and interest of the instant loan, KRW 183,779,363, and damages for delay.

B. In light of the above facts, it is difficult to view that the Defendant prepared a written confirmation (Evidence No. 5) and delivered it to the Plaintiff by itself, and it is difficult to view that the Defendant concluded an agreement as alleged by the Plaintiff between the Plaintiff and the Plaintiff, and there is no other evidence to acknowledge it. Rather, considering the overall purport of the entries and arguments in Evidence No. 15, Evidence No. 15, and Evidence No. 3, the Defendant prepared a written confirmation (Evidence No. 5) around March 11, 2013 and delivered it to G other than the Plaintiff. According to the above facts of recognition, the legal effect stated in the Certificate No. 5 can only be seen as arising between the Defendant and G.

Therefore, the plaintiff's status.

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