logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2018.06.21 2017나23953
약정금
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 as to this case is as follows, except for adding the following contents to the part of “determination as to claim under Paragraph (1)(b)” among the grounds of the judgment of the court of first instance, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

"No. 26, 27" shall be added to "No. 26, 27" after the 3th of the judgment of the first instance.

The following shall be added to the four pages 1 of the judgment of the first instance.

In a lawsuit claiming a loan against the Defendant, the judgment in favor of E, etc. has already become final and conclusive on September 27, 2007, and according to the Plaintiff’s assertion, in full view of the following: (a) as a result of the Plaintiff’s assertion, C appears to have borrowed money prior to the decision on compulsory auction prior to the said decision on compulsory auction, in addition to the name that C would prevent the auction of the Defendant’s property in this part of the loan amounting to KRW 150 million; and (b)

On the other hand, E, etc. transferred claims under the above final judgment to C on September 10, 2008, and two copies of KRW 50 million in the check that the Plaintiff had paid to C are the immediately preceding month.

5. and 9. The said checks seems to have been issued to E, etc. through C, respectively.

【】

2. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed.

arrow