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(영문) 부산고등법원 2019.07.25 2018나53675
대여금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. In the first instance trial, the Plaintiff filed a claim for the payment of principal and interest on the loan against the Defendants, and ① the Plaintiff directly lent to the Defendant Company as well as ② the Plaintiff’s counterclaim claiming for the payment of damages of KRW 15 million,00,000,000,000,000,000,000,000, excluding KRW 15,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000.

Of the Plaintiff’s principal lawsuit, the first instance court accepted only the claim on the Defendant Company’s loan claim amounting to KRW 15 million on September 28, 2012, and rejected the remainder of the principal lawsuit and the claim on the Defendant Company C. Meanwhile, the part on the damage claim due to embezzlement as stated in the attached Table 1 among the Defendant Company’s counterclaim claim, dismissed the part on the damage claim amounting to KRW 11,112,400, and the part on the damage claim due to embezzlement as stated in the attached Table 1, 48,587,50, and the part on the embezzlement as stated in the attached Table 2, 1,2, 9, 17 through 37, 56 through 72, and 82 through 104, and rejected only the remainder on the part on the damage claim due to embezzlement as stated in the attached Table 2, excluding the remainder on the remainder on the part on the part on which the Plaintiff’s claim against the Defendant Company was finally extinguished within the scope equal to the loan amount.

Since only the plaintiff appealed on this issue, the object of the judgment of this court is the loan of 6 million won to the defendant company among the claim of the principal lawsuit.

2. cite the judgment of the court of first instance.

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