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(영문) 서울고등법원 2017.05.17 2016나2066019

양수금

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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 reasons why the court of first instance shall explain are as stated in the reasoning of the first instance judgment, except where the following judgments are added at least 4, 10, 4, 4, 4,000, and 4,000,000,000 won in the first instance judgment.

Defendant 1: “Inteto Savings Bank” (hereinafter “Inteto Savings Bank”)

(B) the first instance co-defendant B (hereinafter referred to as “B”) did not use the money borrowed from the Company.

) The Defendant asserts to the effect that it cannot respond to the Plaintiff’s claim on the premise of the Plaintiff’s claim for loans against the Defendant of the Mapo Savings Bank, since the Defendant did not perform his/her obligation. However, the circumstance alleged by the Defendant is merely a problem between the Defendant and B, and it is insufficient to recognize that there was a special agreement between the Defendant and the Defendant on the premise of not bearing the Defendant’s obligation for the performance of the above loan, or there was an explicit or implied understanding to that effect, and there is no other evidence to acknowledge this otherwise.”

2. In conclusion, the plaintiff's claim of this case shall 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.