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(영문) 인천지방법원 2020.12.22 2020나56776
채무부존재확인
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Claim 1

Reasons

1. In the first instance court, the Plaintiff sought confirmation of existence of the obligation based on the loan transaction agreement (hereinafter “loan”) dated October 24, 2012 against the Defendant, and confirmation of existence of the obligation based on the loan transaction agreement (hereinafter “the loan agreement of October 24”) dated 29, 2012 and return of unjust enrichment. The first instance court accepted the claim for confirmation of existence of the obligation based on the loan of October 24, 2012, and partly accepted the claim for confirmation of existence of the obligation based on the loan of October 29, 201, and dismissed the claim for restitution of unjust enrichment.

In this regard, only the plaintiff appealed against the part of the claim for the confirmation of existence of the obligation based on the loan of October 29, 100, so this Court's decision is limited to the part of the claim for the confirmation of existence of the obligation based on the loan of October 29, which was partially dismissed as above.

2. The plaintiff's grounds for appeal concerning the subject matter of the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and the fact-finding and decision of the court of first instance are justified even if the evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of the judgment of this court is that the part of the reasoning of the judgment of the court of first instance is identical to that of the judgment of the court of first instance, except where the defendant in the sixth 20th written judgment "" is deemed to be "the plaintiff," and the plaintiff in the sixth 21 written judgment "the defendant," as "the defendant," and therefore, it is accepted by the main sentence of Article

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

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