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(영문) 청주지방법원 2017.09.15 2016나4243

청구이의

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the following portions as stated by the court of first instance: (a) and thus, (b) the main sentence of Article 420 of the Civil Procedure Act is acceptable.

2. Parts used or added;

A. The second 10 parallel of the judgment of the court of first instance “40,728,249 won” shall be deemed “40,392,906 won”.

B. Each description of evidence Nos. 4, 5, and 6 of the first instance judgment, and 5 of the 5th sentence, “A witness E’s testimony” shall be deemed as “part of the evidence Nos. 4, 5, and 6, witness E of the first instance court, and witness F of this court.”

C. The following is added at the fourth 14th tier below the judgment of the first instance.

The plaintiff asserts that "30,00,000 won paid by the plaintiff to the defendant on October 14, 2010 through C shall be appropriated for the principal of the loan amounting to KRW 30,000,000 out of the loan amount of this case." However, there is no evidence to acknowledge that there was a designation or agreement of the party to the above money's appropriation of performance. The plaintiff's assertion in this part is without merit."

3. In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claim shall be dismissed as it is without merit.

In conclusion, the judgment of the first instance is just, and the plaintiff's appeal is dismissed as it is without merit.