beta
(영문) 의정부지방법원 2020.05.12 2019나209216

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. citing the reasoning of the judgment of the court of first instance (the main sentence of Article 420 of the Civil Procedure Act), and attaching the following contents to the reasoning of the judgment of the court of first instance:

The defendant thought that the plaintiff has a claim for investment money, not a loan bond, and takes over the obligation for the investment money. The defendant asserts that the debt acquisition is not effective since the expression of intent between the plaintiff and the defendant is inconsistent.

However, in full view of the various circumstances confirmed in the criminal and civil proceedings related to this case, the defendant's assertion is not persuasive, and the defendant can sufficiently recognize the fact that he/she takes over the obligation of the plaintiff's loan to the plaintiff. Thus, it is not accepted.

2. The decision of the first instance court, which received the plaintiff's request, is justifiable.

The defendant's appeal cannot be accepted, and is dismissed. It is so decided as per Disposition.