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(영문) 수원지방법원 2020.12.10 2019나75419
어음금
Text

All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation of the instant case is as stated in the reasoning of the judgment of the first instance, except for adding the following determination as to the Defendants’ assertion added in the court of first instance as to the instant case, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendants’ assertion as to the Defendants’ assertion added in the trial should be determined objectively and reasonably in accordance with logical and empirical rules, and the common sense of society, by comprehensively taking into account the following circumstances, i.e., the Plaintiff’s assertion that the Plaintiff renounced the claim for the payment of the bill or exempted the Defendants from the Defendants’ obligations, and the content, motive and circumstances leading up to the obligee’s act or declaration of intent, the purpose and genuine intent to achieve by the parties’ declaration of intent, etc.; and (ii) it is difficult to view that the Plaintiff may have renounced the claim for the payment of the bill to the extent of KRW 1.7 billion in consideration of the following circumstances, i.e.,, the Plaintiff’s assertion that there was no concern about the waiver of the claim for the payment of the bill or the Plaintiff’s waiver of the obligation for the payment of the bill or the Plaintiff’s waiver of the obligation for the payment of the bill or the Plaintiff’s waiver of the obligation for the payment of the bill or the Plaintiff’s waiver of the obligation for the payment of the bill.

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