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(영문) 서울고등법원 2017.03.24 2016나2026370
대여금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The facts-finding and judgment of the first instance court are legitimate even if evidence submitted in the first instance court citing the judgment of the first instance, which is different from the evidence submitted in this court, and the result of the examination of the witness by this court, and therefore, the part of the "reason" of the first instance judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except where partial expressions are used or additional or supplementary

2. Parts to be used or added or supplementally determined;

A. The expression “ appraiser D” in the judgment of the court of first instance is collectively changed to “ appraiser D in the court of first instance.”

B. Part V of the first instance judgment "Insufficient and there is no other evidence to acknowledge it" shall be added to "Insufficient."

C. The following parts are added between the fifth and fourth parallels in the judgment of the first instance.

3) Furthermore, the Plaintiff filed the instant lawsuit after the lapse of ten years from the date of the preparation of the instant loan certificate, and there is no sufficient explanation as to the reasons therefor, as well as there is a continuous demand for repayment to the Defendants, or there is no submission of data on the source of loan funds.

4) Ultimately, the evidence submitted by the Plaintiff and the testimony of the witness F by this court are insufficient to admit the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

3. Thus, the plaintiff's claim is dismissed in its entirety as it is without merit, and the conclusion of the judgment of the court of first instance is just and therefore, the plaintiff's appeal is dismissed in its entirety.

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