(영문) 부산고등법원 2020.01.16 2019나51553

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2020.01.16 2019나51553

대여금

Text

1. The defendant's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance regarding this case is as follows. (1) Part of the reasoning of the judgment of the court of first instance is added to the following Paragraph (2). (2) The plaintiffs agreed to jointly be liable for losses arising from business while engaging in the business with the defendant and the credit business.

In addition to the rejection of both evidence No. 36 or evidence No. 123, which is insufficient to acknowledge the Defendant’s assertion that the Defendant received more money than the loan, the part against the Defendant in the reasoning of the judgment of the first instance is the same as that of the part against the Defendant, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In the part of the judgment of the court of first instance, “the Defendant” among the part of paragraph 1 (basic facts) of the judgment of the court of first instance, shall be deemed to be “the Defendant, co-defendant C, and D”, “Defendant E” to be “the Defendant,” “Defendant C,” and “Defendant D” to be “Co-Defendant C of the first instance trial” and “Co-Defendant D of the first instance trial,” respectively.

From 4th to 4th to 17th to 4th 16th to 4th 17th “A”, “A defendant appealed against A, but the judgment became final and conclusive on January 10, 2019 by dismissing the final appeal.”

4. The basis for recognition of the last conduct is to add “any substantial fact to this court”.

9.6. The following shall be added to:

【Unless there are special circumstances where it is difficult to adopt a factual judgment in a criminal trial in light of other evidence submitted in the civil trial, it cannot be acknowledged that the fact that a criminal judgment already finalized on the same factual basis is guilty, even though it is not bound by the fact-finding of the criminal trial (see, e.g., Supreme Court Decision 94Da39215, Jan. 12, 1995).”

3. In conclusion, the judgment of the first instance is just, and the defendant's appeal is without merit.

참조조문

-민사소송법 제420조

참조판례

-대법원 1995. 1. 12. 선고 94다39215 판결

유사 판례

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