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(영문) 수원지방법원 2020.05.13 2019나72915
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 fact-finding and decision of the first instance court are justified even if the evidence submitted in the first instance court for the acceptance of the judgment of the first instance is based on the evidence submitted to this court.

Therefore, the reasons for this court's reasoning are as follows, except for amendments as to the following "2. Amendment", and it is identical to the reasoning of the judgment of the court of first instance. Thus, it is accepted by the main sentence of Article 420 of the Civil Procedure Act

2.The modification shall add the following between the "point" and "a" of the nine lines below the 4 pages:

“The Defendant alleged that C and the Defendant were in a special relationship beyond the mere contractual partnership relationship, but there was such special relationship. As C and C have sufficient possibility to lend KRW 50,000,00 to the Defendant without obtaining a loan certificate, it does not interfere with the Defendant’s assertion that the circumstance alleged by the Defendant does not interfere with recognizing the fact of lease.”

3. In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning. Since the judgment of the court of first instance is just in conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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