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(영문) 의정부지방법원 2019.01.16 2018나210592
대여금
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 cited by the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for modification and addition as follows.

The second page 21 of the judgment of the court of first instance changed the “21 August 28, 2018” to the “3rd page 1 of the same 2013” and the “3rd page 1 of the same 3rd page 1” to the “3rd page 1 of the same 3rd page 1 of the same 3rd page 2 of the same 3rd page 2010,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00.

2. The Defendant asserts that even if the Plaintiff lent money to the Defendant for domestic affairs, in light of the fact that the Plaintiff prepared a notarial deed between the Plaintiff and C on December 14, 2015 and received reimbursement as a creditor in the individual rehabilitation case against C, the Defendant should be deemed to have discharged the Defendant’s obligation.

However, in the event of an assumption of an obligation that has the effect of losing the obligation to a debtor, the consent of the obligee should be deemed as the requisite to take effect of the contract (see, e.g., Supreme Court Decision 2011Da56033, Sept. 13, 2013).

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