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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
The purport of the claim and the purport of the appeal.
Reasons
1. The first instance court accepted the Plaintiff’s claim amounting to KRW 150,5430,000,000, which was the Plaintiff’s claim amounting to KRW 235,54330,000, and rejected the Defendant’s claim amounting to KRW 80,000,000,000, and only the Plaintiff lost against the Plaintiff, the Plaintiff subrogated to the Defendant.
Inasmuch as only the portion of KRW 30,317,807, which is the amount equivalent to the claim for the loan, has been appealed, this Court’s adjudication scope is limited to the Plaintiff’s claim for reimbursement of KRW 30,317,807, among the portion against which the Plaintiff lost, where the first instance judgment accepted part of the claim and dismissed the remainder, such as the claim for reimbursement of KRW 30,317,807, which is limited to the Plaintiff’s claim for reimbursement of KRW 807, which is the claim for
However, in order to examine the propriety of a claim that falls under the scope of adjudication, it is inevitable to examine the overall claim, such as the occurrence of the claim, etc., and it does not go against the purpose of restricting the scope of adjudication (see Supreme Court Decision 2002Da67321, Apr. 11, 2003). Thus, as described in paragraph 2 below, the part of “1. Judgment on the cause of the claim”, “2. A.80 million won settlement defense, etc.,” and “3. conclusion” is cited.
2. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence duly admitted and examined by the court of first instance shows the evidence submitted by the court of first instance, it is acknowledged that the facts of first instance and the judgment are legitimate.
Therefore, this court's reasoning is written as follows, and it is identical to the reasoning of the judgment of the court of first instance except for the plaintiff's determination of the assertion emphasized by this court, so it is citing the summary, including the summary, pursuant to the main sentence of Article 420 of the Civil Procedure Act (see, e.g., the scope of the judgment of this court).