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(영문) 서울고등법원 2015.09.18 2014나55323
청구이의
Text

1. The judgment of the court of first instance is modified as follows.

A notary public of the defendant against the plaintiff on February 201, 201.

Reasons

1. The reasoning of the judgment of the court of first instance is as follows, except for the following parts to be cited or deleted or added:

(The main text of Article 420 of the Civil Procedure Act). 2. 3-4 of "Witness C's testimony" among the grounds of the judgment of the court of first instance, such as the part written after the second trial, shall be made with "the testimony of the witness of the court of first instance and the witness C of the court of first instance".

Part 12-13 of the reasoning of the judgment in the first instance shall be deleted, and the following shall be added thereto:

However, the Defendant received reimbursement of the sum of KRW 15,00,000 from C on November 11, 2013 and November 14, 2013 from C, and appropriated it to the principal, and thus, the Plaintiff’s obligation against the Defendant remains KRW 485,00,000.

Therefore, the executory power of the notarial deed of this case should be excluded only from the above exceeding KRW 485,00,000.

3. In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition and the remainder shall be dismissed as it is without merit. Since some conclusion of the judgment of the first instance is unfair, the plaintiff's appeal is partially accepted, and it is modified as per the decision of the first instance court.

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