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(영문) 부산지방법원 2019.10.16 2019나47513

청구이의

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

In addition, the reasons why the plaintiff's argument concerning this part is presented are as follows: "In addition, since the plaintiff's claim of this case was included in the plaintiff's passive property in a divorce lawsuit between the plaintiff and C, the plaintiff's claim of this case constitutes a double claim and thus it is unreasonable." Thus, this part of the reasoning of the judgment of the court of first instance is identical to the corresponding part of the judgment of the court of first instance. Thus, this part shall be cited as it is in accordance with the main sentence of

Judgment

The following circumstances, namely, ① the Defendant loaned to the Plaintiff KRW 40 million on June 6, 2015 without the due date for reimbursement, ② the Defendant demanded the Plaintiff to repay the loan until early May 30, 2017, and the Defendant respondeded to the payment by June 30, 2017, ③ the Plaintiff prepared and delivered the loan certificate (Evidence 4) to the Defendant on May 31, 2017, ③ the Plaintiff prepared and delivered the loan certificate to the Defendant on May 31, 2017, ③ the agreement on the loan certificate to the effect that the agreement between the Plaintiff and C was not made, and there was no evidence suggesting that the agreement between the Plaintiff and the Defendant was made on the loan certificate and the agreement on the loan certificate, ③ there was no other evidence suggesting that the agreement between the Plaintiff and the Defendant was made.

Therefore, the plaintiff's assertion is without merit.

According to the evidence evidence Nos. 2 through 4 as to the double claim, the fact that the Plaintiff’s debt amounting to KRW 40 million against the Defendant is calculated as the Plaintiff’s passive property in divorce and property division lawsuit between C and the Plaintiff is recognized.