2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport 1.1.

The reasoning of the judgment of the court of first instance is the same as that of the part of the judgment of the court of first instance, except the following cases:

2. Parts to be dried;

A. 1) With respect to an objection to distribution, the burden of proof of the grounds for objection to distribution in a lawsuit of demurrer against distribution also complies with the principle of distribution of the burden of proof in a general civil lawsuit as to whether the act of preparing a notarial deed in this case constitutes a false declaration of conspiracy. Thus, in a case where the Plaintiff claims that the Defendant had not established a claim, the Plaintiff is liable to prove the facts constituting the grounds for disability or extinguishment in a case where the Plaintiff claims that the claim was invalidated as a false declaration of conspiracy or extinguished by repayment. However, it is reasonable to consider such circumstances in determining whether the Defendant’s assertion and the contents of evidence as to the establishment of a claim and the fact that there was no fact constituting grounds for disability in breach of logical and empirical rules (see, e.g., Supreme Court Decision 2013Da37555, Sept. 13, 2013). In full view of all the facts as delineated below, the act of this case constitutes a false declaration of intent or a joint bid against the obligation of construction payment in this case by preparing for a notarial deed and a joint bid.

① The Defendant issued the Promissory Notes in this case in order to entrust C with the instant construction work and to secure its obligation to pay the construction cost.