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(영문) 춘천지방법원 2020.02.12 2019나50479
대여금
Text

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. The scope and judgment of this Court

A. When several claims are selectively joined in the court of first instance, and a judgment of admitting any of the claims is rendered and the defendant has filed an appeal, the remaining claims which the court of first instance did not judge are also transferred to the appellate court, and the appellate court has the scope of adjudication in the appellate court. Thus, when the appellate court cites the plaintiff's claim, it may judge at will any one of several selective joined claims.

(See Supreme Court Decision 2009Da12580 Decided May 27, 2010, etc.). B.

In the first instance court, the Plaintiff claimed the loan, preliminary or selective, and the transfer money or the agreed amount.

However, whether the form of consolidation is either selective consolidation or preliminary consolidation should be determined on the basis of the nature of the request for consolidation rather than the intent of the parties (see Supreme Court Decision 2013Da26425, Feb. 28, 2018). Since each of the plaintiff's claims is compatible, it is substantially selective consolidation relationship.

In this regard, the first instance court accepted the plaintiff's claim for the agreed amount, and only the defendant filed an appeal.

C. Therefore, each of the plaintiff's claims related to selective consolidation is a scope of trial in this Court.

However, since this court recognizes that the plaintiff's claim for the agreed amount is well-grounded, this court shall select and decide it only.

2. Determination as to the cause of action

A. As long as the formation of a disposal document is recognized as authentic, the court shall recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable counter-proof to deny the contents of the statement.

(see, e.g., Supreme Court Decision 2017Da235647, Jul. 12, 2018). (B)

1. The following facts are not disputed between the parties, or acknowledged in full view of Gap evidence Nos. 1, 2, 4, 5, 6, 8, 9, and Eul evidence Nos. 8 and the purport of all pleadings:

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