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(영문) 창원지방법원 2016.06.08 2015나7040
대여금
Text

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

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the corresponding part of the judgment of the court of first instance is used 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.

- The parts written after completion are as follows. - The part of the second part of the judgment of the court of first instance, which is the ground for recognition, is as follows.

"In the absence of any dispute, Gap No. 1, 5, 6, 7, and Eul No. 1 (including a serial number, if any; hereinafter the same shall apply).

Each entry, the result of the first instance court’s order to submit financial data to livestock cooperatives, the purport of the entire pleadings, the whole purport of the pleadings, etc. - Forms 17 through 19 of the third judgment of the first instance court are as follows.

On July 9, 2014, the Defendant remitted KRW 10 million to the Plaintiff’s ancillary D’s account on one occasion. On March 20, 2015, the Plaintiff alleged that the said money was a loan, while on the other hand, on May 12, 2015, on the legal brief as of December 2, 2015, on the legal brief as of February 2, 2015, on the legal brief as of February 5, 2016, the statement as of February 5, 2016, and on the legal brief as of February 4, 2016, the Defendant asserted that the payment was made on behalf of C, and on the other hand, did not withdraw any assertion, the Defendant’s selective assertion is deemed as follows.

"The result of the order to submit financial data to the Livestock Industry Cooperatives at the first instance court - the end of the fourth 16th judgment shall be added to the following:

In December 2014, the defendant changed his assertion that he liquidated a de facto marital relationship.

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2. In conclusion, the claim of this case is accepted on the grounds of its reasoning, and the claim of this case against the counterclaim is dismissed on the grounds of its merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal against the principal claim and counterclaim is dismissed on the grounds of its merit.

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