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(영문) 수원지방법원 2016.08.11 2015나33066
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the judgment of the court of first instance as to this case is as stated in the corresponding part of the judgment of the court of first instance except for the corresponding part of the judgment of the court of first instance as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 2 of Part 14 "A" shall be added to "the same".

B. Article 1 of the Special Agreement (hereinafter referred to as “the Special Agreement”) shall be amended to include “the matters of the special agreement” in the third seven pages.

(c) 10 parallels 3.10 parallels 3.0 parallels 10 to “ears”.

Part 4 "Special Agreement" in Part 8 shall be amended to "this Special Agreement".

(e) 13 to 16 parallels of the fourth side shall be carried out as follows:

“In accordance with the terms and conditions of a middle and high industrial goods loan agreement applicable to the instant loan agreement, a loan has been implemented to the owner of the instant bus. In other words, the agreement confirming that the contractor has received the loan by remitting the loan to E by the Plaintiff to a limited liability company D, a partnership store of the Plaintiff is null and void in violation of the principle of equity. Even if a domestic loan has been implemented, the agreement is invalid against the principle of equity. The Plaintiff breached the obligation to directly pay the loan to the seller, thereby offsetting the Plaintiff’s claim for the refund of the loan against the Plaintiff.”

(f) 6 to 7 parallels 7 of the seventh side (the part of the judgment of paragraph 3(b)) shall be filled by the following:

"The terms and conditions of a secondhand industrial loan loan agreement applicable to the instant loan agreement provide that a financial company shall pay installment financing funds directly to a seller, and the instant special agreement confirms that the contractor shall have received the loans under the instant loan agreement at the time when the Plaintiff remitted the loans to a limited liability company D, and the following facts are acknowledged by the aforementioned evidence.

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