(영문) 서울고등법원 2019.10.30 2019나2000584

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(영문) 서울고등법원 2019.10.30 2019나2000584

대여금

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) and incidental appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. Costs of appeal; and

Reasons

Scope of Adjudication

A. In the first instance court, the Plaintiff asserted that the Defendant lent 257,146,406 won in total to the Defendant as indicated in the attached table (hereinafter “the money by the sequence Nos. 7 through 13”) as indicated in the attached table, and claimed a counterclaim against the Plaintiff seeking the return of the said money. Accordingly, the Defendant filed a counterclaim against the Plaintiff. The first instance court accepted the Plaintiff’s claim against the Plaintiff for the return of the inheritance tax already paid. The court of first instance rejected the remainder of the claim, dismissed the remainder of the claim, and dismissed all the Defendant’s counterclaim. (B) However, the Defendant appealed against the judgment of the first instance court on the part against the Defendant in the main lawsuit and counterclaim, and incidental appeal is incidental to the Plaintiff’s portion No. 7 through No. 13, the Plaintiff’s appeal is limited to the portion of the Plaintiff’s claim No. 1,44,5, and 13, and the part of the first instance court’s counterclaim as stated in the main sentence of Article 2 of the Civil Procedure Act.

(However, the part of the plaintiff's principal claim excluded from the scope of the trial in this Court, excluding the part of KRW 2, 3, 14).

A. Of the judgment of the court of first instance, the following marks are placed in the table No. 2 below, and the part of the last line and the part of the upper part of No. 3 are deleted, respectively.

B. Of the judgment of the first instance, the “Z” of the 4th instance judgment in the area No. 18 inside the said area is deemed to be the “J”.

C. Of the judgment of the court of first instance, the phrase “B No. 6” as set forth in the second sentence is as follows: “No. 2, 3, 4, 6, 18, and 24” (including the branch number, if any).

Of the judgment of the court of first instance, the statement No. 14 of "No. 6" of "No. 2, 3, 4, 6, 18, and 24 of "No. 6" is each number.

참조조문

-민사소송법 제420조

유사 판례

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