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(영문) 창원지방법원 2020.05.14 2019나60605

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

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and they are cited by the main sentence of Article 420 of the Civil Procedure Act, given that the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court

[Supplementary part] The "First Instance" in the judgment of the court of first instance shall be added to "First Instance" in the judgment of the court of first instance.

[Supplementary part] ① A confession under the 7th sentence of the first instance judgment, and “The defendant made a confession” in the 7th sentence below the 3th sentence of the first instance judgment, and thereafter added “(the defendant did not make a confession as above at the first instance court date, but stated that “the total sum of the money loaned by the plaintiff to the defendant and the defendant to C is KRW 229.8 million.” However, the written argument on the above date for pleading clearly states that the plaintiff does not dispute the fact that the plaintiff lent the above money to the defendant, and if the contents of the pleading are entered in the written argument, there is a strong probative value as to the fact that the contents thereof are true unless there are any other special circumstances (see, e.g., Supreme Court Decision 2001Da6367, Apr. 13, 2001).”

② Following the fifth 11 page of the judgment of the court of first instance, “I am........” (The defendant requested the defendant to send the above text message to his spouse in order to prevent his monetary transactions, and the defendant asserted that the defendant sent the above text message in response thereto, but it is not sufficient to accept it only with the statement in the statement (No. 11) prepared by the defendant, and there is no other evidence to acknowledge it).”

2. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed.