logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.06.05 2019나83038
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

purport.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance, and the fact-finding and judgment of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

The reasoning of the judgment of this court is as follows, in addition to the dismissal of the third to fifth to fifth to half of the judgment of the court of first instance, and therefore, it is consistent with the reasoning of the judgment of the court of first instance. Therefore, it is acceptable to accept it as it is in accordance with the main sentence

2. The part of the complaint shall be deemed to have been taken over in duplicate when it is unclear whether it is an exempted acceptance or a overlapping acceptance (see, e.g., Supreme Court Decision 2002Da36228, Sept. 24, 2002). In order to take the effect of the exempted assumption of an obligation, the consent of the Plaintiff, the obligee, should be required. Since D has no evidence to deem that it was the Plaintiff’s acceptance of the obligation to borrow the loan against the Plaintiff, or that the Plaintiff accepted it, Defendant B’s assertion shall not be accepted.

3. If so, the judgment of the court of first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow