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(영문) 서울고등법원 2021.01.27 2020나2025107
대여금
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 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 in the court of first instance, and even if the evidence submitted in the court of first instance shows each evidence submitted in this court, it is acknowledged that the facts of first instance and the judgment are legitimate.

Therefore, this court's reasoning is citing the main text of Article 420 of the Civil Procedure Act, except for the cases where it is necessary to reflect the change of circumstances after the judgment of the first instance as follows.

< 고치는 부분 > ▣ 제 1 심판결 문 제 3 면 제 17 행의 ‘ 용도 ’를 ‘ 용 돈 ’으로 고친다.

▣ 제 1 심판결 문 제 4 면 제 1 행부터 제 3 행의 ‘ 부족하다.

up to “B” is as follows:

Although it is recognized that the Defendant prepared a part of the documents (No. 5) submitted by the Plaintiff to borrow money, it is insufficient to view that the Defendant recognized that the said money was the borrowed money.

[....]

2. In conclusion, the plaintiff's claim shall be dismissed as it is without merit.

The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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