beta
Text
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for cases of cutting, adding, or deleting, as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Part 18 of the judgment of the first instance shall be deleted from 3rd to 20 of the name of the defendant B.
The third part of the judgment of the court of first instance " even if the order is valid, the claims of the defendant B were fully repaid and extinguished." shall be made as follows.
The part of the first instance judgment, i.e., “X (Defendant B’s attachment), which is indivisible with Defendant B, was reimbursed KRW 408,490,00 from Nonparty Company, and thus, the amount of loans equivalent to KRW 100,000,00 to Defendant B’s non-party company was fully repaid and extinguished.”
The fifth sentence of the first instance judgment "from April 2016 to April 2018" shall be applied to "from May 16, 2016 to August 10, 2016 (No. 6)."
The fifth sentence "one point" in the fifth sentence of the first instance judgment shall be added as follows:
“A. D., on behalf of Defendant B, remitted KRW 100 million to Nonparty Company on May 9, 2016, and separately leased KRW 300 million to Nonparty Company from November 25, 2015 to December 7, 2015. In addition, from May 19, 2016 to September 2, 2016, a total of KRW 300 million was remitted to Nonparty Company from May 19, 2016 (No. 2, 3, 14, 20) to Nonparty Company (No. 14, 200), ⑤ AD witness of Party A (representative director of Nonparty Company) made a monetary transaction other than KRW 100 million between Defendant B and Nonparty Company. At present, Nonparty Company was liable for the debt to Nonparty Company, and Defendant B did not make a statement to the effect that Defendant B’s testimony was “from May 19, 2016 to September 2, 2016.”
(1) The defendant C or Z Co., Ltd.