추심금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
The reasoning of this Court’s reasoning is as follows: (a) the reasoning of this Court’s reasoning is as stated in the reasoning of the judgment of the first instance, except where any additional determination is added below; and (b) it is citing it as it is in accordance with
Therefore, the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.
《추가판단》 피고는 이 사건 자백이 선행자백에 해당한다고 주장하나, 제1심판결에서도 지적하였듯이 이 사건 자백은 이 사건 임대차계약의 임대인이 B이라는 원고의 소장 기재 주장에 대하여, 피고가 2017. 5. 31. 제1심 제3차 변론기일에서 위 주장과 같은 내용이 기재된 2017. 5. 25.자 준비서면을 진술함으로써 이루어진 것으로 선행자백에 해당하지 않는다.
Even if the statements in Eul evidence Nos. 5 through 9 (including additional numbers) additionally presented in the trial of the party, it is insufficient to recognize that the confession in this case is contrary to the truth and is due to mistake.
The non-existence or non-existence of enforcement claim is a reason for the obligor to assert in the lawsuit of demurrer, and in the lawsuit of collection, the Defendant, the garnishee, cannot refuse the performance of the obligation by asserting it as a defense (see Supreme Court Decision 96Da13781, Sept. 24, 1996). Thus, the Defendant’s assertion that the execution claim of the collection order of this case does not exist because the loan contract between the Plaintiff and B is null and void, is without merit.