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(영문) 서울고등법원 2020.01.07 2019나2024047

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

1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the relevant part of the judgment of the court of first instance is modified or added, as set forth in the following paragraph (2). Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The phrase “Evidence Nos. 6, 12, and 13” in column 4, column 19 of that part shall be written or added with “Evidence Nos. 6, 13, and 16 of that part.”

Part 5, "Seoul Gwanak Police Station" through Part 8 of Part 7 is deemed to be "the fact that the defendant was prosecuted for fraud by Suwon District Court 2019No2746 as the charge that he/she acquired property benefits by obtaining seizure and collection order based on the notarial deed of the Promissory Notes in this case."

Part 5, "Entry of Eul No. 4" in Part 9 shall be read as "Entry of Eul No. 4, 10, and Eul No. 8-4."

The first instance court and the appellate court (Seoul High Court 2018Na2062875) decide to the effect that the above agreement is not an obligation to assume the obligation, but an overlapping obligation.”

Part 6. The following shall be added to "the time limit" in Part 12.

7) The Defendant was sentenced to acquittal on October 11, 2019 by the Suwon District Court Decision 2019Gohap2746 to the said Suwon District Court Decision 201Da2746, the Defendant accused on February 27, 2017: “G borrowed KRW 348,00,000 from the Defendant to the Defendant without any intention or ability to repay, and acquired it by deceiving the Defendant; and in the said case, G was accused of fraud; on October 2016, Article 10,000 of the loan amount was used by the Plaintiff as the construction cost; on or around October 2016, G paid KRW 10,00 to the Defendant; on or around January 201, the Defendant and the Defendant agreed to pay KRW 348,000 to the Defendant the remainder of KRW 248,000,000, the Defendant did not file a criminal complaint with the Plaintiff; thus, the Defendant asserted that the Defendant did not file a criminal complaint with the Plaintiff.