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(영문) 서울고등법원 2020.10.22 2020나2008799
구상금
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

Basic Facts

The reasoning for this part of this Court is that, except as follows, it is identical to the entry “1. Basic Facts” in the reasoning of the judgment of the first instance, and this part is cited, including abbreviations, pursuant to the main sentence of Article 420 of the Civil Procedure Act.

The following shall be added between pages 3, 11-12:

H. Meanwhile, the Plaintiff’s husband H and the Defendant’s husband’s husband’s husband’s M are the same as the Plaintiff’s husband’s husband’s husband’s husband’s relationship with the Plaintiff and the Defendant. G is the same as the Defendant’s husband’s husband’s husband’s relationship. The reasons for this part of this Court’s assertion are as follows, and this part of the reasoning of the judgment of the first instance is the same as that of “2. Parties’ assertion” in the reasoning of the judgment of the first instance, except

Part 3, 16 "Plaintiff and H" shall be added subsequent to "the following:

The reasoning for the judgment on this part of the Defendant’s promise to repay the money at the time of sale of the instant real estate after the prosecution is as follows, and the reasoning for the judgment on this part is the same as that of “3. Judgment on this Safety Defense” in the reasoning of the judgment of the first instance, except for the dismissal as follows. As such, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The 4th parallel 20th parallel 5th parallel 6th parallel 5th parallel 5th parallel 5th parallel 20th parallel 20th parallel as follows:

The following circumstances, which are acknowledged by comprehensively taking account of the aforementioned evidence and evidence No. 14, namely, ① the Plaintiff and H are married with each other, and the Plaintiff appears to have no reason to revert his claim to the Plaintiff. ② The Plaintiff did not provide reasonable explanation as to what is the consideration relationship for H’s acquisition of claim (such as donation and repayment of debt), ③ rather, it was easy for the Plaintiff to exercise one person’s claim for reimbursement regarding the process of the acquisition of claim, and ④ the Plaintiff asserted that he acquired H’s claim for the purpose of temporary exercise of right.

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