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(영문) 대구지방법원 2018.05.30 2017나10792

대여금등

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 court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the defendant as to the defendant's additional assertion as to this case, and therefore, it is citing it as it is in accordance with the main sentence of Article 420

2. The defendant's judgment on the defendant's additional assertion argues that the agreement of this case between the plaintiff and the defendant was made mainly for the purpose of enabling the plaintiff to conduct litigation, and thus is null and void as it constitutes a litigation trust. However, in light of the entries in the evidence No. 1 and the purport of the whole pleadings, etc., the agreement of this case in itself stipulates that the defendant himself/herself must conduct litigation against the insurance company, etc., and bear the expenses incurred thereby, and that the plaintiff shall pay part of the insurance money, etc. received in favor of the defendant, and it is clear that the plaintiff did not agree to transfer the defendant's claim against the insurance company, etc. to

3. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.