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(영문) 부산지방법원 2017.11.30 2017나503
대여금등
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claim added at the trial is dismissed.

3. Appeal.

Reasons

1. The reasons for the court's explanation of the plaintiff's primary claim is as follows. The plaintiff used "Defendant B" of the judgment of the court of first instance as "Defendant (Appointed Party)", and "Defendant C" as "Appointed C," respectively. The plaintiff lent KRW 11,00,000 to the Appointed Party C, and the defendant (Appointed Party) lent KRW 11,856,000 to the defendant (Appointed Party) as evidence insufficient to recognize that the plaintiff lent KRW 11,856,00 to the Appointed Party C, and except adding the testimony of the witness of the court of first instance as stated in the reasoning of the judgment of the court of first instance, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

With respect to the preliminary claims added by the plaintiff at the trial, the following shall be determined:

2. The plaintiff's conjunctive claim is asserted that the defendant (appointed party) and the appointed party C have lent KRW 22,856,00 to the defendant (Appointed party) and the appointed party C, and that the defendant (Appointed party) and the appointed party C have a joint obligation to pay the amount to the plaintiff. However, the evidence submitted by the plaintiff alone is insufficient to acknowledge that the plaintiff lent the above money to the defendant (Appointed party) and the appointed party C, and there is no other evidence to acknowledge this otherwise.

Therefore, the plaintiff's conjunctive claim is without merit.

3. Accordingly, the plaintiff's primary claim shall be dismissed as it is without merit. The judgment of the court of first instance with the same conclusion is just, and the plaintiff's appeal is dismissed as it is without merit. The plaintiff's additional preliminary claim in the trial is dismissed as it is without merit. It is so decided as per Disposition.

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