건물명도(인도)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance except for the following "2. Additional Judgment", and in light of the evidence submitted in the court of first instance, fact-finding and judgment in the court of first instance are recognized as legitimate (the plaintiff did not submit additional evidence to this court). The grounds for the judgment of the court of first instance are the same as the grounds for the judgment of the court of first instance except for adding "2. Additional Judgment" as follows. Thus, it is acceptable in accordance with the main sentence of
The Defendant asserts to the effect that “In the event that the Defendant was declared bankrupt at the time of the instant loan agreement, the Plaintiff, in violation of internal credit management regulations, entered into a loan agreement in exchange with the Defendant, who was disqualified for the loan, and that the remainder of the loan agreement, excluding the Defendant’s name and the amount, is null and void.”
On the other hand, the evidence presented by the defendant alone is insufficient to recognize that the loan agreement in this case was a loan agreement in violation of the plaintiff's internal credit management regulations as alleged by the defendant, and there is no other evidence to acknowledge it.
(B) In addition, even if the Plaintiff entered into the instant loan agreement with the Defendant in violation of the Plaintiff’s credit management regulations as alleged by the Defendant, such circumstance alone does not make the said loan agreement null and void. Therefore, the Defendant’s above assertion is without merit.
Thus, the decision of the court of first instance is justified, and the defendant's appeal is dismissed.