beta
(영문) 광주고등법원 2020.05.13 2019나24604

대여금

Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

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

Reasons

The grounds for appeal by the plaintiff and the defendant in the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the evidence submitted in the court of first instance and the evidence submitted in the court of first instance (Evidence No. 38 and Evidence No. 30-1 through Evidence No. 34-2) are examined, but the fact-finding and decision of the court of first instance are judged to be justifiable.

Therefore, the reasoning of this court is as follows: ① part of the judgment of the first instance is dismissed as stated in the following Paragraph 2; ② it is identical to the reasoning of the judgment of the first instance except for adding the judgment of the parties with regard to the allegation emphasized or added in the trial as stated in the following Paragraph 3; thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Of the judgment of the court of first instance, the number of 11 pages 3 and 4 of the judgment of the court of first instance shall be followed as follows.

1) According to the above facts, D is deemed to have assumed the Defendant’s obligation to the Plaintiff due to the number of payments of this case. Accordingly, the Defendant claimed that D bears the obligation due to the number of payments of this case, and that the Defendant extinguished the obligation related to the payment of this case by completing the ownership transfer agreement and the registration of ownership transfer following the agreement on each of the building of this case. Therefore, the above claim is decided by the first instance judgment to the effect that “D has extinguished the Defendant’s obligation by discharging its obligation with discharge, even if it is recognized that the Defendant’s obligation to the Plaintiff due to the number of payments of this case has been paid, D has discharged its obligation.” In the first instance judgment of the first instance judgment of the first instance, “the Plaintiff is deemed to have discharged its obligation by discharging its obligation with discharge.” In the first instance judgment of the first instance judgment, “the Plaintiff shall be deemed to have taken account of the Plaintiff’s testimony and testimony” during the fifth instance judgment, and the Defendant’s argument related to the part related to the Defendant’s assertion as follows.

In the trial of the court, the defendant shall each of the instant cases.