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(영문) 부산지방법원 2015.12.16 2015나40187
대여금
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the court of first instance’s explanation concerning this case is as follows: (a) the statement of evidence No. 4, which is insufficient to recognize that the plaintiff lent KRW 60 million to the defendant as evidence added at the court of first instance; and (b) the following determination as to the selective claim added at the court of first instance is the same as the statement of the reasoning of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Plaintiff’s selective assertion that the Defendant promised to pay KRW 60 million to the Plaintiff on July 10, 2014, when the instant lawsuit was pending, on the part of the Plaintiff and Plaintiff E, and thus, the Plaintiff is obligated to pay the said money as agreed money. However, it is insufficient to acknowledge that the written evidence No. 4 itself is insufficient to acknowledge that the Defendant agreed to assume the legal obligation to pay KRW 60 million to the Plaintiff, and there is no other evidence to acknowledge this otherwise, the Plaintiff’s assertion also cannot be accepted.]

2. In conclusion, the judgment of the court of first instance is just and it is so decided as per Disposition by the assent of all participating Justices on the ground that the additional selective claims in the plaintiff's appeal and the trial are without merit.

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