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(영문) 서울고등법원 2019.08.13 2018나2022730
손해배상(기)
Text

1. The plaintiff's appeal is 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 reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for partial revision as follows. Thus, it is accepted in accordance with the main sentence of Article 420

In addition, “the Defendant” was added to “the Plaintiff’s ownership” in the second 6th sentence of the judgment of the first instance, and “the Defendant paid the Plaintiff the full amount of the lease deposit and received the loan of this case at that time.”

The following parts shall be added to the end of the 13th sentence of the first instance judgment.

On November 3, 2010, the maximum debt amount of the instant right to collateral security was modified to KRW 552,00,000 on the ground of a contract concluded on October 27, 2010. The following shall be added to the second two parallels of the judgment of the first instance.

In the meantime, the Plaintiff filed a fraudulent complaint with the Defendant, E, etc., but was subordinate to the disposal of the suspicion (defluence of evidence). "Witness E" in the third fourth sentence of the judgment of the first instance is deemed to be "Witness E" in the first instance court.

The following parts shall be added at the end of the fourth third of the judgment of the court of first instance:

According to the reasoning of the order of the court of first instance to submit financial information to the Corporation I, the Defendant prepared and paid the full amount of the lease deposit of this case by itself, and the Plaintiff accepted the request of the Bank and offered the loan of this case as security at the time F was loaned from the Bank of Korea, and it is only recognized that the Defendant was not involved. The Plaintiff failed to submit any other evidence at the court of first instance.”

2. The judgment of the first instance is justifiable, and the plaintiff's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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