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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
[Claim]
Reasons
1. In a case where the court of first instance has dismissed the plaintiff's main claim and dismissed the plaintiff's main claim at the end of the trial, and only the defendant has lodged an appeal against the decision citing only the conjunctive claim, the effect of the appeal is naturally limited to the whole of the case and the part concerning the main claim is also transferred to the appellate court. However, the scope of the appellate court's trial is limited to the scope of the defendant's objection, regardless of which the scope of the appellate court's trial is limited to the scope of the appellate
Therefore, the subject matter of this Court’s trial is limited to the Plaintiff’s conjunctive claim (see, e.g., Supreme Court Decision 94Da31624, Feb. 10, 1995). 2. The reasoning for this part of this Court is as stated in the part of “1. Basic Facts” among the reasons for the judgment of the court of first instance, except for dismissal or addition as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Of the judgment of the court of first instance, the second to third-party 1 of the judgment of the court of first instance shall be raised as follows.
"B. The defendant and the non-party company borrowed KRW 1.43 billion from D on November 30, 2016 (the amount actually paid is KRW 1.3 billion). On the same day, the defendant and the non-party company issued to D a promissory note (Evidence A28, 2017) equivalent to KRW 1.433 billion on the payment date) (Evidence A28, 2017), and (2) the defendant provided the shares of this case owned by the defendant as security for the above monetary loan (the stock transfer contract between D and the defendant was stated as the transfer condition that the above stock transfer contract should be invalidated if the defendant who transferred the shares completed the debt of KRW 1.430 million on the money loan as of November 30, 2016).