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(영문) 서울고등법원 2019.06.13 2018나2057323
대여금
Text

All appeals by the Plaintiff (Counterclaim Defendant) are dismissed.

The costs of appeal shall be borne by the plaintiff (Counterclaim defendant).

purport.

Reasons

1. The first instance court partly accepted the Plaintiff’s claim against Defendant B, and dismissed the Plaintiff’s claim against Co-Defendant C and Defendant D, respectively, and the Defendant B’s counterclaim.

Therefore, since only the plaintiff appealed on the part concerning defendant B and D (the defendant B submitted a petition of appeal to the Seoul Central District Court on August 2, 2018, but the petition of appeal was dismissed on September 20, 2018). Of the judgment of the court of first instance, the part concerning the co-defendant C in the judgment of the court of first instance was separately determined, and only the plaintiff's principal claim between the plaintiff and the defendant B is subject to the judgment of this court.

2. The reasons for the acceptance of the judgment of the court of first instance are as follows, and the reasons for the acceptance of the judgment of the court of first instance are the same as the reasons for the judgment of the court of first instance, except for the addition of the judgment of the court of first instance under paragraph (2).

(However, the part corresponding only to the separated co-defendant C is excluded). "Defendant C" shall be added to "Co-Defendant C of the first instance trial".

The 5th lower judgment of the first instance court "200,000 weeks" shall be applied to "250,000 weeks".

The 8th 6th 6th am in the judgment of the first instance shall be corrected by “entry”, and the 10th am in “A 5” by “A 5”.

The 8th 10th 10th son of the judgment of the first instance shall be incorporated into "the first instance court".

The 10th sentence of the judgment of the first instance shall be deemed to be the "duplicate of the complaint", and the 5th sentence of the "Act on the Promotion, etc. of Litigation" shall be corrected to be the "Special Act on the Promotion, etc. of Litigation".

3. An abbreviation of the court’s additional determination is based on the judgment of the court of first instance.

In all trade names, the entry “stock company” shall be omitted.

As to the plaintiff's assertion in this court as a ground for appeal.

A. As to the claim against Defendant B: As to the allegation that the sale price of 130,000 shares of the non-party company is KRW 5,000 per share, the plaintiff 1, "Defendant B", as to the non-party company shares of the non-party company, 5.0 per share.

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