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(영문) 대전고등법원 (청주) 2018.04.24 2017나6093
청구이의
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 admitting the judgment of the court of first instance, which the Plaintiff asserted in the trial while filing an appeal, are not significantly different from the allegations in the court of first instance, and the judgment of the court of first instance dismissing the Plaintiff’s claim even if each evidence and the result of pleading submitted in the court of first instance

Therefore, this court's reasoning is as follows: (a) among the judgment of the court of first instance, the parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel 6, and (b) the parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel parallel 6, and (c) the parallel parallel parallel parallel parallel parallel parallel parallel parallel 7, and the parallel parallel parallel parallel parallel parallel 4, "In short," and (d) the plaintiff's argument that the plaintiff was separate in the court of first instance is as stated in the column of the judgment of first instance except for the addition of the judgment as mentioned in paragraph (3) below, and therefore, it is acknowledged that the plaintiff's claim against D's claim against D, first of all, in light of the above legal principles, it is acknowledged as follows.

① On September 10, 2001, D remitted KRW 289.6 million to the account of the National Bank of Korea. Since then on November 10, 2001, C took up a loan (investment) certificate stating that “C borrowed KRW 350 million from D with respect to the development of land and the construction of a new building located in Heung-gu Seoul Metropolitan City, Cheongju-si, and the interest shall be repaid immediately after the purchase and sale of the said land and the building, excluding the expenses,” with the purport that “C borrowed KRW 350 million from D with respect to the development of land and the construction of a new building located in Heung-gu.”

② Around July 16, 2002, when the above loan repayment was not made, C transferred to D the “J building settlement claim amounting to KRW 375 million against MN orO” for the purpose of securing the above loan repayment, and D transferred to MN orO.

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