계금등 청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasoning for the court’s explanation of this case is as stated in the part of the judgment of the first instance, except where the court added the judgment of the defendant as to the defendant’s assertion in this case to the following two cases. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The defendant asserts that the part of the 26th century of this case was not liable for the payment of the fraternity to the defendant since the defendant received the fraternity money No. 26th of this case by F, who was not the defendant, not the defendant.
According to the statement No. 5-1 of the evidence No. 5-1, F is recognized as having received the guidance of the old account No. 26 of the instant case.
However, according to the purport of Gap evidence No. 5-1 and the whole pleadings, the defendant is jointly and severally liable to pay the deposit money of F, so the defendant is liable to pay the deposit money of the old account No. 26.1.
This part of the defendant's argument is without merit.
B. On December 5, 2012, the Defendant asserted that KRW 10 million was already repaid, but there is no evidence to acknowledge that the amount was actually paid for the previous accounts of KRW 28,000,000,000, not for the previous accounts of KRW 10,000,000 to the Defendant on December 5, 2012, since the Plaintiff was set off against the Defendant on December 5, 2012.
Rather, according to the purport of Gap evidence No. 6-1 and the whole pleadings, the defendant seems to have actually received the old accounts No. 28-2 of this case.
This part of the defendant's defense is without merit.
3. The judgment of the court of first instance which cited the Plaintiff’s claim for determination is justifiable.
The defendant's appeal is dismissed for lack of reason.