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(영문) 서울고등법원 2018.11.15 2017나2069466

차용금

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 reasoning of the judgment of the court of first instance is that, even if all the evidence submitted to the court of first instance were presented to the court, the loan certificate (No. 1-2, No. 7 of this case), each contract for consumption loan (No. 2-1, No. 3-1, No. 4-1, No. 5-1 (No. 4 of this case), and No. 6-1 (No. 6 of this case), a certificate of subrogation (No. 7 of this case), and a certificate of confirmation of payment by the defendant (No. 7 of this case, No. 7 of this case), or the defendant's defense that the defendant paid the money to the plaintiff after the preparation of each of the above disposition documents is insufficient to acknowledge otherwise, and there is no other evidence to acknowledge that the defendant paid the money to the plaintiff in accordance with the main sentence of No. 2-1, No. 3-1, and No. 4 of this case).

2. Judgment on the defendant's defense or argument

A. Regarding the first amount of the instant payment, the Defendant asserted to the effect that, in the case of KRW 100,000,000, the subrogated amount of KRW 100,000,00 among the instant payment KRW 1,00, the Defendant agreed to repay the said subrogated amount by transferring the Defendant’s claim against a third party to the Plaintiff, and that the Defendant transferred each of the claim against I, J and K Co., Ltd. to the Plaintiff, the obligation to pay the subrogated amount was repaid.

According to the evidence evidence No. 15 No. 15, it can be acknowledged that the agreement prepared on July 23, 2015 between H and D stated that “10,000,000 won for C Loans shall be repaid by means of the Plaintiff’s preferential repayment and the transfer of sales claims, etc.” However, the above fact of recognition alone alone is that each of the above goods payment claims of the Defendant’s assertion is KRW 100,000,000.