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(영문) 서울고등법원 2018.12.06 2018나2029953

청구이의

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 judgment of the court of first instance concerning this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for modification and addition as follows.

(A) The first instance court’s determination that the instant second contract, which served as the basis for the instant payment order, is null and void as a false conspiracy is reasonable even if the Defendant’s assertion and the evidence submitted are fully examined. On the 6th instance judgment, “5,884,360 won” in the 7th instance judgment is amended to “2,884,360 won”.

In the second instance judgment of the court of first instance, “I” was followed by the first instance judgment of 10 million won (the defendant alleged that 120,739,900 won, which he received from the plaintiff during the above period, was used in the repayment of the borrowed amount under the first contract of this case, but the evidence submitted to this court alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it. In addition, in relation to the first contract of this case, the defendant filed a lawsuit against the plaintiff to seek the payment of the borrowed amount of KRW 250,000,000 under the second contract of this case and the unpaid wage, etc., and is currently in progress (the court of first instance in relation to the borrowed amount of KRW 250,000,000,000,000 and damages for delay thereof). (The same applies to the defendant's additional claim of KRW 263,260,000,000,000 for the above loan of this case).

The following shall be added to the third page of the judgment of the first instance.

【7) The Defendant has reached this court, from August 12, 2013 to November 28, 2014, transferred from the account under the name of the Defendant and the Defendant to eight accounts, including the Plaintiff and I, designated by the Plaintiff, etc., and KRW 383,791,652, as hospital operation expenses, etc., to the Plaintiff by means of slot card withdrawal.