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(영문) 인천지방법원 2020.10.14 2019나59717
배당이의
Text

1. The plaintiff's appeal is dismissed.

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

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

Reasons

1. The grounds for appeal by the plaintiff citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if the evidence submitted to this court is presented to the court of first instance, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning of the judgment of this court is to accept the reasoning of the judgment of the court of first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, in addition to adding the following "2. Additional Determination" to the allegations that the plaintiff added or emphasized in this court, the plaintiff added the "2. Additional Determination" to this court.

2. Additional determination

A. The plaintiff's assertion on the plaintiff's assertion 1) The testimony of the witness R, a copy of the check additionally submitted by the plaintiff, and a copy of the O's daily keeping, etc. after the first judgment became final and conclusive, the defendant borrowed R's name on June 10, 2005, the plaintiff borrowed KRW 400 million from P, R, and M on July 3, 2006, deposited KRW 400 million with the networkO as the repayment of the above loan. TheO transferred the amount of KRW 240 million among them to R, and all of the secured claims of this case under the name of the defendant were extinguished, and the plaintiff did not borrow KRW 150 million around July 13, 2005, and all of the secured claims of this case, which became final and conclusive by borrowing KRW 150 million from the civil court to 205 billion, and the plaintiff can be found to have been paid KRW 500,500,000,000,00.

(c).

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