채권조사확정재판에 대한 이의
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. The reasoning of the court's explanation concerning this case is that the court of first instance corrected "the plaintiff" of 5 Hah eight Hah of the judgment of the court of first instance as "D". Paragraph (2) is the same as the statement of the reasoning of the judgment of the court of first instance, except for the addition of this court's judgment to this court. Thus, it is accepted by the main sentence of Article
2. We examine the Plaintiff’s assertion as the ground for appeal in this court’s further determination.
A. The Plaintiff asserts that “ even if the Defendant paid money to D and it was recognized that D returned money to the Plaintiff, the obligee against the Plaintiff would not be the Defendant,” as the grounds for appeal.
The above assertion is not different from the contents of the plaintiff's assertion in the first instance court, and the first instance court's rejection of the plaintiff's assertion is justified even if all of the evidence submitted in the first instance court and the evidence (Evidence A 5 to 11) presented in this court were examined.
B. The Plaintiff also argues that the Defendant’s claims for the principal and interest of loans based on the first and second evidence reported as rehabilitation claims are false claims based on the collusion with the Defendant and D, and the Plaintiff’s assertion that the Defendant may recognize the Plaintiff’s assertion based on additional submission to this court of evidence Nos. 5 and 11.
However, even if considering all the circumstances asserted by the Plaintiff, the first and second evidence was prepared in collusion for the following reasons.
It is difficult to recognize the principal and interest of a loan or a false loan claim, and there is no other evidence to acknowledge it.
Ultimately, we cannot accept this part of the Plaintiff’s assertion.
1) The Plaintiff’s new bank inquiry (Evidence B No. 13) submitted by the Defendant in the first instance trial is to have selected the entire details of transactions (Evidence A No. 8). The confirmation is made at the date of pleading of this court.