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(영문) 수원고등법원 2020.10.15 2020나11403
대여금
Text

1. All appeals by the Defendants against the Plaintiffs are dismissed.

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

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the modification as follows and the addition of “decision on the plaintiff’s allegation of the means of offence and defense against the actual time limit” in paragraph 2, and therefore, it is identical to the reasoning of the judgment of the court of first instance.

The facts of the first 7th to 8th of the same page are as follows: “In fact, during that process, Defendant F is recognized as acting as a broker for the conclusion of a sales contract between Plaintiff F and S, but the above facts alone cannot be deemed as null and void, and there is no other evidence to acknowledge it.”

From the 10th page’s signature to the 14th page “the signature was made” of the 12th page to the 14th page, the Defendants are as seen earlier, and the Defendants are the parties who prepared the said written confirmation, and are jointly and severally liable with Defendant D to pay the said advance payment discount to the Plaintiffs.

2. The Plaintiff asserts that the Defendants’ assertion of the method of attack and defense during the actual period of time constitutes an attack and defense by actual period of time, submitting the appellate brief after about five months from the time the instant case was received at the appellate court, and submitting the briefs and documentary evidence as of September 21, 2020 after about two months from the time when the instant case was received at the appellate court.

The court may dismiss the case where it is found that the method of attack or defense which was submitted late at the time of the party's intention or gross negligence is likely to delay the conclusion of the lawsuit, and it may be done not only in the form of independent decision but also by the method determined among the reasons for the judgment, but also in the case where the court has finished the examination of evidence as to the method of attack or defense without making a decision of rejection as to the method of attack or defense of the party. Thus, it does not constitute a concern about delaying the conclusion of the lawsuit.

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