logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.06.30 2015나37492
구상금등
Text

1. The Plaintiff (Counterclaim Defendant)’s appeal against Defendant Limited Company B and Defendant (Counterclaim Plaintiff) C and the Defendant (Counterclaim Plaintiff) C.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for a dismissal as stated in paragraph (2). Therefore, it is acceptable in accordance with the main sentence of Article 420

2. On the 4th 9, 10th 9, 10th 10 of the judgment of the court of first instance, “ alone, with the evidence submitted by the plaintiff,” the portion written by the plaintiff shall be read as “only the testimony of the witness F of the trial and the testimony of the witness F”.

The 6th 5,6, and 7th 7th 6th 5 of the judgment of the first instance are as follows. "The plaintiff has been admitted to have lent 5 million won to the defendant C on April 20, 2010, and the above assertion by the defendant C is without merit."

“The fact that the Plaintiff lent KRW 5 million to Defendant C on April 20, 2010 is recognized. The additional evidence No. 4 was written by G and that Defendant C lent KRW 10 million to the Plaintiff. In light of the relationship with the Defendant C and the circumstances of the instant case, it is insufficient to reverse the fact-finding. On the contrary premise, the above argument by Defendant C seeking payment of KRW 10 million lent to the Plaintiff by Defendant C is without merit.”

3. If so, the plaintiff's principal claim against the defendant C should be accepted within the extent of the above recognition. The plaintiff's remaining principal claim against the defendant C, the defendant's claim against the defendant company, and the counter-claim claim against the defendant C should be dismissed in its entirety due to the lack of reasonable grounds.

The conclusion of the first instance judgment is consistent with this, and thus, the Plaintiff’s appeal against Defendant Company and Defendant C and the appeal against Defendant C are dismissed in its entirety as it is without merit. It is so decided as per Disposition.

arrow