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(영문) 서울고등법원 2018.11.30 2018나2027377
대금 반환 청구의 소
Text

1. Of the part concerning the conjunctive claim of the first instance judgment, the Plaintiff’s order to pay the following amount.

Reasons

1. Scope of adjudication of this court;

A. The following facts are clear on the records.

(1) On November 7, 2016, the Plaintiff filed the instant lawsuit claiming the payment of loans amounting to KRW 960,000,000 and damages for delay, against the Defendant and B.

After that, the Plaintiff revised the purport of the claim and added the conjunctive claim against the Defendant, claiming for reimbursement of profits based on Article 79 of the Bills of Exchange and Promissory Notes Act, Article 63 of the Check Act, and damages for delay.

(2) On May 17, 2018, the first instance court rendered a judgment dismissing the Plaintiff’s primary claim and the remainder of the conjunctive claim. (1) On May 17, 2018, the lower court accepted part of the Plaintiff’s conjunctive claim (478,823,698 won and damages for delay).

(3) On May 30, 2018, the Plaintiff filed an appeal against some of the conjunctive claims in the judgment of the first instance (the part dismissing the claim for interest redemption amounting to KRW 217,741,400 and damages for delay).

However, the defendant did not file an appeal or incidental appeal against the part of the first instance judgment against the defendant.

B. According to the facts acknowledged earlier, the part of the judgment of the court of first instance against the Defendant was transferred to the entire trial (the part against B in the judgment of the court of first instance became final and conclusive), and the scope of the judgment of the court is limited to the part against which the Plaintiff, the appellant, is dissatisfied (the repayment amount of KRW 217,741,400 and the part against which the damages for delay is claimed) among the part concerning the conjunctive claim in the judgment of the court of first instance.

2. Judgment on the plaintiff's claim

A. (1) The Defendant’s promissory note (A) worth KRW 210,000,000 at face value was extended to July 2007 at face value “210,000,000,000” and “the due date for payment on November 16, 2007” and “the date for payment on February 14, 2008.”

From the date following the date of entry into a promissory note, "from the date of entry into the first promissory note."

B issued and delivered to D.

D A. Around that time, the Plaintiff’s endorsement and transfer of Promissory Notes No. 1 to the Plaintiff.

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