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(영문) 광주고등법원 2020.09.09 2019나24550
대여금
Text

The judgment of the first instance is modified as follows according to the expansion of claims and the succession of lawsuits made by this court.

Reasons

1. Status of parties and the progress of the litigation in this case;

A. The status of the party is 1) The Plaintiff and the net B (hereinafter “B”) are reduced, and when referring to Plaintiff A, “Plaintiff A, etc.” is referred to together with Plaintiff A.

2) The Defendant married on May 3, 1994 and divorced on May 6, 2013, 2013.

B. On September 10, 2018, Plaintiff A, etc. filed the instant lawsuit seeking the payment of a loan against the Defendant on September 10, 2018. The Plaintiff, etc. submitted a written complaint and filed a claim for the payment of the loan and the damages for delay if Plaintiff A lent KRW 19,99,215, and KRW 195,556,629 to the Defendant. At the time, Plaintiff A, etc. appointed Plaintiff A, etc. as a legal representative. (2) On November 7, 2018, when the first instance trial was in progress, Plaintiff A, etc. died.

However, on September 20, 2019, the first instance court rendered a judgment dismissing all the claims of Plaintiff A, etc. on September 20, 2019.

3) On October 7, 2019, an attorney-at-law who was an attorney of the Plaintiff, etc. submitted a petition of appeal on which October 7, 2019 filed a petition of appeal. In addition, on November 28, 2019, each of the delegation deeds in the name of the Plaintiff, etc., including the fact that the attorney-at-law was appointed as the attorney of each appellate court on January 20, 2020, submitted to this court each of the delegation deeds in the name of the Plaintiff, etc., A, etc., including the fact that the attorney-at-law was appointed as the attorney of each appellate court. 4) On July 9, 2020, after the third date for pleading of this Court, the Plaintiffs (referring to the Plaintiff and B litigation acceptance; hereinafter “Plaintiffs”) filed

On September 7, 2020, the instant legal representative, including a request for the continuation of legal proceedings, was delegated to law firms, and a letter of delegation of legal proceedings in the names of the plaintiffs was submitted.

On September 8, 2020, the plaintiffs submitted a letter of delegation of the lawsuit to the public financial resources of lawyers.

Based on B, the plaintiff A, who is a litigant, is his spouse, plaintiff I, J, K, D, and L respectively, the plaintiff F, G.

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