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(영문) 대전지방법원 2020.11.25 2019나118287
대여금등 반환
Text

All appeals by the plaintiffs are dismissed.

The costs of appeal are assessed against the plaintiffs.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) each “Plaintiff” of the two parallels of the judgment of the court of first instance is as “Plaintiff B”; (b) four-party 3 as “the same day as the date of remittance as the date of remittance indicated in the No. 1-2 as “Plaintiff 1”; (c) six-party 10 as “the witness of the court of first instance”; (d) the “this court” of the first two parallels as “the witness of the court of first instance”; and (e) the “this court” as “the court of first instance”; and (e) the “the same money” of the 18 parallels as “the money of the same amount”; and (e) the allegations emphasized while filing an appeal by the Plaintiffs are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment as set forth in the following 2.

2. The summary of the plaintiffs' assertion that Defendant C would pay the loan upon receipt of compensation due to redevelopment at the location of the car center operated by it. In order to repay the loan to the plaintiff company, Defendant C would have settled the purchase cost of the Plaintiff’s books with the corporate card of the defendant company. In light of these facts, each loan for consumption between the defendant C and the plaintiffs, and between the defendant company and the plaintiff B can be acknowledged. Thus, the defendants are obligated to pay the loan to the plaintiffs.

Plaintiff

B concluded a standard purchase contract (No. 11, No. 20) with the Defendant Company and supplied goods to the Defendant Company, and the Plaintiff Company issued a tax invoice (Evidence No. 8) with the Defendant Company as the person who is supplied with the Defendant Company, and the Defendant Company is obligated to pay the price of the goods unpaid to the Plaintiff Company B.

Judgment

Even according to each statement of Gap evidence Nos. 9 and 10 (including each number), it is not sufficient to recognize that defendant C borrowed each money from the plaintiffs and that the defendant company borrowed the money from the plaintiff Eul, and there is no other evidence to acknowledge it.

There are evidence Nos. 8 and 11 of the judgment on the claim for the price of goods.

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