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(영문) 인천지방법원 2016.01.12 2015나15474

대여금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why the court should explain this case are set forth in the following two categories: 3rd to 9th to 3rd to 1st to 3th to 1st to 1st to 2th to 1st to 2

As stated in subsection 2.b.

Part 2-B below.

The reasoning of the judgment of the court of first instance is the same as that of each other, such as the same as the foregoing, and thus, it is quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. In regard to this, the defendant, as a physician of C, prepared a cash custody certificate of this case in the sense that it delivers the settlement amount of KRW 60 million, which was entered as a condition to receive KRW 60 million from D, on condition that it receives KRW 60 million from D. Thus, the defendant asserts that as long as it did not receive KRW 60 million from D, it does not have the obligation to pay the settlement amount to the plaintiff.

B. We examine the following circumstances, i.e., the parties to a claim or obligation regarding the cash custody certificate of this case to the Plaintiff and the mother of the Defendant, who are the parties to the claim or obligation regarding the cash custody certificate of this case, i.e., the parties to the claim or obligation of the witness F of the first instance trial, i.e., the Plaintiff and the mother of the Defendant, without any evidence that the Defendant is the actual parties, ii) the cash custody certificate of this case was prepared in the name of the Defendant, but the highest group of the cash custody certificate was printed in the name of the Defendant, and the statement was made in the name of the F upon the Plaintiff’s request that the F was in the name of the Plaintiff, i.e., the statement in the hand, iii) the statement in the name of the Defendant, i.e., the statement in the name of the F, i., the statement in the statement in the hand, i.e., the statement in the name of the Defendant to the Plaintiff.