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(영문) 대구고등법원 2016.05.25 2015나3236
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The defendant, citing the judgment of the court of first instance, submitted only the petition of appeal while filing the appeal of this case, did not submit a specific statement of grounds for appeal, did not submit any evidence, and did not appear on the date for pleading at the court of first instance. In full view of the evidence submitted by the plaintiff at the court of first instance and the whole purport of oral proceedings at the court of first instance, the judgment of the court of first instance that accepted the plaintiff's claim

Therefore, the court's explanation on the instant case is identical to the reasoning of the judgment of the court of first instance, except for the dismissal of some contents as follows. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the

The third fifth fifth fifth sentence of the judgment of the court of first instance is that “no evidence exists, and even if there was an agreement on payment in kind, such as the defendant’s assertion, the payment in kind is established when other benefits are actually paid instead of performing the original obligation, so long as the defendant did not complete the registration of ownership transfer of the above loan, it cannot be deemed that the obligation to return the loan in this case was extinguished due to payment in kind.”

2. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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