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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.
2. The costs of appeal shall be the principal lawsuit.
Reasons
The court's explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the reasoning of the judgment of the court of first instance as follows. Thus, this part of the judgment of the court of first instance is acceptable in accordance with the main text of Article 420 of the Civil Procedure Act. This part of the dismissal or addition is recorded in the third page 17 and 18 of the judgment of the court of first instance.
The Plaintiff, from October 23, 2010 to May 16, 2012, transferred to the Defendant the sum of KRW 115,300,000 in its own name and KRW 46,00,000 in its wife E under the name of business expenses according to the instant commitment document.”
The phrase “each entry of evidence Nos. 12 and 13 of A” shall be added to the [based grounds for recognition] stated in Part 3 of the judgment of the first instance court.
The evidence Nos. 13 through 5 of the judgment of the first instance court (2) No. 2 of the No. 4th to No. 5th 2 of the judgment of the first instance court), Gap evidence No. 3 [Attachment No. 3] of the other party's land, which adopted the principle of free evaluation of evidence, is not admissible just because the recording tape or the recording tape recorded with the other party's secret on the other party's land is not admissible. Whether it is evidence or not belongs to the discretion of the fact-finding court. Even if the parties did not prove the existence of documentary evidence in particular, the court may recognize its establishment by free evaluation without any other evidence, taking into account the overall purport of oral proceedings (see Supreme Court Decision 2009Da37138, Sept. 10, 2009). The transcript submitted by the plaintiff is deemed to contain a normal dialogue between the plaintiff and the defendant, and it is difficult to view that the contents are especially favorable to the plaintiff, and it is acknowledged that the following evidence No. 11 of the entire number of pleadings can be included. 411.