보관금반환청구
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as that of the judgment of the court of first instance, except for the alteration or addition as follows.
2. Parts to be altered or added;
(a) 8 at the bottom of the judgment of the first instance (as referred to in sub-paragraph (h) of this paragraph) is replaced by:
H. Since then, the Plaintiff recovered the Promissory Notes and returned it to C around April 12, 2019.
The Defendant presented the evidence No. 11 (Agreement) at the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the trial of the court of the trial of the trial of the court of the trial of the trial of the court of the trial of the trial of the court of the trial of the judgment of the court of the trial of the court of the trial of the trial of the court of the trial of the judgment of the court of the court of the trial of the trial of the court of the trial of the first instance, and the court of the trial of the judgment of the court of the trial of the court of the trial of the judgment of the court of the court of appeal
The Plaintiff and C agree as stated in the separate agreement on September 2018, 2018, and C paid KRW 45 million out of the amount of KRW 50 million as stated in Article 2 of the above agreement to the Plaintiff on November 9, 2018 may be recognized as either there is no dispute between the parties or based on the evidence Nos. 11 and 12.
However, in full view of the following circumstances, it is difficult to view that the evidence submitted by the Defendant alone refers to the custody amount of the instant case that the Defendant would pay to the Plaintiff on the condition of collecting the Promissory Notes (which is difficult to believe as it is), and there is no other evidence to prove otherwise, and thus, the Defendant’s assertion on the completion of payment is rejected.
① Unlike the instant agreement (i.e., January 12, 2018), the attached agreement does not include the Defendant as a party, and only the Plaintiff and C as a party.