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(영문) 제주지방법원 2019.05.29 2018나1247
약정금
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 reasoning of the judgment of this court citing the judgment of the court of first instance is as follows: (a) the second 10-party 10 of the judgment of the court of first instance is dismissed as “D”; and (b) the ground of the judgment of the court of first instance is the same as that of the court of first instance except for the following amendments.

2. On the 3rd 19th 19th 19th 10 judgment of the court of first instance, the amended portion “(B) concerning the Plaintiff’s assertion” is amended as follows.

There is no dispute between the parties that “The Deceased loaned money equivalent to KRW 10 million from a financial institution and delivered to the Defendant. However, as to whether the Deceased lent money equivalent to the above loan to the Defendant, and whether the Defendant agreed to pay the principal and interest of the loan, evidence Nos. 7 through 13 (Evidence No. 14, evidence No. 7, evidence No. 8, and evidence No. 16, and evidence No. 17 are as evidence No. 9, respectively.

(1) Each statement of the Plaintiff is difficult to believe, and there is no other evidence to acknowledge it solely with the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it. Meanwhile, although the Defendant voluntarily acknowledged the repayment of principal of the above loan after the deceased’s death, it is insufficient to recognize that the Defendant agreed to pay the principal and interest of the loan, and there is no other evidence to acknowledge it. Accordingly, the Plaintiff’s assertion on this part

3. Conclusion, the judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed.

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