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(영문) 전주지방법원 2020.12.23 2020나3546

양수금

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1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning for the court’s explanation concerning this case is as follows: (a) the second part of the second part of the judgment of the court of first instance (“201.1.30” is dismissed as “1.15, 2018”; and (b) the third part of the judgment of the court of first instance “non-existent” is the same as the part of the reasoning of the judgment of the court of first instance, except for the addition of the following. Thus, it is cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The Defendants filed an application for the resumption of pleadings with the purport that the obligations of Defendant C and D under the Agreement (Evidence A No. 1) dated December 10, 2018 were extinguished under the light agreement (Evidence A 2) prepared on May 6, 2019.

However, in light of the fact that the Defendants did not participate in the preparation of the above statement as of May 6, 2019, and that Defendant C paid part of the loans (10,000,000 won) to the Plaintiff on May 30, 2019 after the said statement was made, the above assertion by the Defendants is without merit, and the above application for resumption of pleadings is rejected.

No. 50,00 won is deemed to have been sentenced to a fine of 50,000 won due to a criminal fact (crime of assault) committed by the Defendant D with the end of Chapter Three (3) on August 25, 2018 (the Jeonju District Court’s Gunsan Branch Decision 2020Da57, Jeonju District Court 2020No753). Only this fact cannot be readily concluded that the instant agreement written on December 10, 2018 cannot be concluded to have been made by intimidation. Defendant D asserted that he forced himself from March 2018 to April 2018, and in a criminal case in which Defendant C filed a complaint, Defendant C and D filed a complaint, Defendant C and D filed a false complaint with the aim of disputing the validity of the instant agreement, and thus, Defendant C and C were acquitted (the Jeonju District Court Decision 2020Mo28484).

2. Thus, the plaintiff's claim should be accepted in its reasoning. The judgment of the court of first instance is just in its conclusion, and the defendants' appeal is dismissed in its entirety.