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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
In the judgment of the first instance.
Reasons
1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the part below 4.10 billion won of the judgment of the court of first instance which is "(2)." Thus, the judgment of the court of first instance is accepted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. [2] The evidence submitted by the plaintiff alone is insufficient to acknowledge that the defendant acquired B's obligation of borrowing funds against the plaintiff. Since there is no other evidence to prove otherwise, the plaintiff's main claim seeking the payment of the above borrowed money and the interest on the loan is without merit. (b) The plaintiff's main claim seeking the payment of the above borrowed money and the interest on the loan is that B transferred the ownership of the real estate of this case to the defendant in lieu of the repayment of the investment repayment obligation of 200 million won to the defendant, and there is no evidence to prove that
In addition, with respect to the assertion that the above sales contract constitutes a fraudulent act, the Plaintiff did not raise any objection during that period despite being aware of the fact that the above sales contract was a fraudulent act, and rather, requested the Defendant to consent to the offer of security to change the lending financial institution to a low interest rate, etc., the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that B is insolvent at the time of the above sales contract, and there is no other evidence to acknowledge it. Therefore, it is difficult to deem that the above sales contract constitutes a fraudulent act.
The plaintiff's conjunctive claim also has no reason to do so without further review.
2. As such, the plaintiff's primary and conjunctive claims are all dismissed without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.