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(영문) 대구지방법원 2020.12.09 2020나310584

계불입금

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance, citing the reasoning of the judgment, is the same as that of the judgment of the court of first instance, except for the portion added as follows, and thus, citing it as it is by the main text of

2. The addition of the part in the judgment of the court of first instance is as follows: (a) No. 2, No. 15 of the judgment of the court of first instance added “A according to the description of evidence No. 1.

The following shall be added to the second 17th of the first instance judgment:

“The Defendant did not receive KRW 30 million from the Plaintiff on May 25, 2017, rather than receiving the said KRW 30 million from the Plaintiff, and the Plaintiff would pay the said KRW 10 million after deducting the interest payable in the amount of KRW 20 million that the Plaintiff previously lent to the Defendant when he paid the said KRW 39 million from the Plaintiff’s successful bid. The Defendant believed that the Plaintiff would, in trust, prepare a loan certificate for KRW 30 million (A) and thereafter, did not pay the said amount. However, it is difficult to understand that the Defendant prepared a loan certificate without receiving the said amount, and there is no other evidence to acknowledge the Defendant’s assertion, and thus, it is difficult to accept the Defendant’s assertion.”

3. Conclusion, the plaintiff's claim should be accepted as reasonable.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.