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(영문) 창원지방법원 2016.02.04 2015나34974
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 court's explanation concerning this case is as follows: (a) the witness's "in the reasoning of the judgment of the court of first instance" among the grounds of the judgment of the court of first instance is dismissed or added as a witness of the court of first instance; and (b) the reasoning of the judgment of the court of first instance is as stated in the main sentence of Article 420 of the Civil Procedure Act

2. Parts to be removed or added;

A. The testimony of a witness C in the third instance of the judgment of the court of first instance shall be deemed to be “part of witness C’s testimony”.

B. The following is added following the third and fourth 19 of the judgment of the court of first instance.

In addition, the Plaintiff asserts that the money remitted from the Defendant was received as a down payment under the hospital transfer contract with C, not as a lease deposit, and that the money was received as a down payment under the hospital transfer contract with C. Thus, the Plaintiff testified to the effect that the Plaintiff was paid KRW 30 million through the Defendant as a down payment under the hospital transfer contract with the Plaintiff. Ultimately, the nature of the said money is reasonable to see that it is part of the down payment under the hospital transfer contract with the Plaintiff, which is not a lease deposit.”

3. If so, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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