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(영문) 수원지방법원 2014. 07. 10. 선고 2014나4658 판결

임대차보증금을 지급하였다는 점을 입증하는 아무런 증거가 없음[국승]

Case Number of the immediately preceding lawsuit

Manam-Support 2013 Mada9740

Title

There is no evidence proving that the deposit was paid.

Summary

In addition to adding each description of Gap evidence Nos. 11 and 12 submitted by the plaintiffs in the trial due to lack of evidence in Article 2-2(b) of the judgment of the court of first instance, it is identical to the reasoning of the judgment of the court of first instance. Thus, it is cited by the main sentence of Article 420 of

Related statutes

Article 23 of the National Tax Collection Act

Cases

2014Na4658 Demurrer against distribution

Plaintiff and appellant

TAA foreign1

Defendant, Appellant

Republic of Korea 1

Judgment of the first instance court

Suwon District Court Decision 2013dan9740 Decided January 3, 2014

Conclusion of Pleadings

June 19, 2014

Imposition of Judgment

July 10, 2014

Text

1. The plaintiffs' appeals against the defendants are all dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The judgment of the first instance court in the purport of the purport of the claim and appeal shall be revoked, and the amount of dividends to the defendant National Bank and the amount of dividends to the defendant 3,655,630 won shall be deleted from among the dividend table prepared by the above court in the Suwon District Court Sung-nam Branch case 2012, 15192, 38,895,952, and the amount of dividends to the defendant in the Republic of Korea, and the amount of dividends to the plaintiffs shall be corrected to KRW 21,275,791, respectively.

Reasons

1. Quotation of judgment of the first instance;

The reasoning for this Court’s explanation is as follows: (a) insufficient evidence of Article 2-2(b) of the judgment of the court of first instance; and (b) evidence of lack of evidence, other than adding each description of evidence Nos. 11 and 12 submitted by the plaintiffs at the trial of the court of first instance as well as the reasoning for the judgment of the court of first instance; and (b)

2. Conclusion

Therefore, the judgment of the first instance court is justified, and the appeal against the Defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition by the assent of all Justices.