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(영문) 서울고등법원 2017.12.08 2017나2036435
대여금
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

In addition to the amendments as stated in the following Paragraph (2), the judgment in the trial of the court of first instance is identical to those of the defendants in the judgment of the court of first instance, and such parts are cited by the main sentence of Article 420 of the Civil Procedure Act as they are.

(However, as seen earlier in the purport of the claim and appeal, since the Plaintiff did not file an appeal against the service payment portion, the argument and judgment on this portion should be excluded from the above cited portion, which also applies to the judgment under paragraph (2) below.

(1) The amendment of the first instance court’s decision 1) “A.... the contract prepared at the time is called the instant contract,” and “B.,” respectively, shall be deemed to be “a loan,” and “a loan, interest and interest” under the first instance court’s decision 8, first instance court’s decision 10, first instance court’s decision 10, first instance court’s “a loan, interest and interest” under the first instance court’s decision 8, first instance court’s decision 10, and first instance judgment 11 “a loan, interest and interest thereon, or damages for delay,” respectively.

3) The “specialized maintenance business management services” under the 15th 15th 15th 15th 15th 15th 2th 12th 1 through 3, and each “specialized maintenance business management services contract” under the 12th 12th 3, and each “specialized maintenance business management services contract” under the 12th 5th 5th 12th 5th 5th 12th 12th 12th 12th 3 and each of the 13th 13th 1st 1st 1st 1st 2th 3th

5. The Defendants deleted the Defendants’ joint and several liability under the 13th sentence of the first instance court’s 16th sentence, and the Defendants’ joint and several liability under the 13th sentence is considered as “the Defendants’ joint and several liability.”

2. Determination of the attached articles

A. As examined in the above cited portion, ① a loan agreement for consumption among the instant contracts is concluded by the Plaintiff.

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