(영문) 서울고등법원 2018.11.23 2017나28797

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2018.11.23 2017나28797

대여금

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Quotation of judgment of the first instance;

A. The reasoning for the court’s explanation concerning the instant case is next to the judgment of the first instance.

The decision of the court of first instance is the same as that of the decision of the court of first instance, except for the modification as stated in paragraph 2 and the addition of the decision in the next trial as stated in paragraph 2.

B. Part 1) The amendment of the first instance court's second end to the second instance court's judgment to "E" as "J on August 11, 2006," and the third first instance judgment to "E on August 11, 2006," respectively. 2) Following "No. 11 of the third instance court's 19th decision," "No. 24 October 2007," "D" as "in relation to a contract for the invitation of members," "in the middle of the contract for the invitation of members," "in the middle of the contract for the invitation of members," "in the middle of the 12th instance judgment," each of the 12th cases "in the first instance court's 476,72,739 won" as "in the first instance court's 477,7739 won, and "the first instance court's 77th instance court's "the first instance court's 17th instance judgment" as "the first instance's 17.7.7.

2. Additional matters to be determined;

A. As seen in the above cited part of the judgment as to the grounds for appeal of this case, it is reasonable to view that the obligor as indicated in the letter of this case is not D but C, and the obligee as indicated in the letter of this case is also the Plaintiff, not C, and the debt amount in the letter of this case is at least KRW 476,772,739 except for the “damage expense.” The Defendant’s testimony as stated in the letter of Nos. 1 through 5 of this case or the witness K’s testimony in the trial room is insufficient to reverse the factual recognition or judgment in relation to the above part of this case, and thus, the Defendant’s argument as to the grounds for appeal of this case

참조조문

-민사소송법 제420조

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