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(영문) 서울고등법원 2017.11.23 2017나2027806
대여금
Text

1. The plaintiff's appeal against the defendants and the selective claims added by this court are all dismissed.

2...

Reasons

1. The reasoning of the judgment of the court of first instance citing the instant case is as follows. The court's reasoning of the judgment citing the instant case is as follows: (a) decide on the selective claims added by the Plaintiff in this court; and (b) citing the reasoning of the judgment of the court of first instance excluding the deletion or modification as follows; and (c) citing it

(The grounds alleged by the Plaintiff in the trial while filing an appeal are different from the contents alleged in the first instance court, except for the selective claims added by this court. Thus, even considering the Plaintiff’s above assertion and evidence submitted by the Plaintiff in the trial, it does not differ from the facts established in the first instance court.). Each of the “Bmer Defendants” in the third part of the first instance judgment Nos. 14 and 15 shall be changed to “Bmer Defendants and Co-Defendant E, G, and I of the first instance court.”

Defendant D, E, and F shall be changed to Defendant D, F, and Co-Defendant E in the fourth instance judgment.

Part 4 of the first instance judgment, part 15 and part 8 "Defendant E, H, and I" shall be changed to "Defendant H, Co-Defendant E, and I".

In the first instance judgment, the part of the first instance judgment from 4th to 20th shall be modified as follows:

“The argument of Defendant C, D, F, G, H, and I” in Section 6 of the first instance judgment of the court of first instance, “(b) without any dispute, Gap evidence 1, Eul evidence 6, testimony of witness L of the first instance court, and the purport of the whole pleadings.”

The witness referred to in the 7th sentence of the judgment of the first instance shall be changed to the witness of the first instance court.

Part VII of the judgment of the first instance shall be deleted from 7 pages 18 through 7.

Defendant E shall be changed to “Co-Defendant E of the first instance trial” on the 9th page of the first instance judgment.

2. Determination as to the Plaintiff’s selective claim

A. The Plaintiff’s assertion is the Plaintiff’s purchase price of the instant real estate at the place where Defendant C, H, co-defendant G, and I are gathered.

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