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(영문) 수원지방법원 2017.10.19 2017나52948
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 ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument in the court of first instance, and even if the evidence submitted in the court of first instance shows each evidence submitted in this court, the fact-finding and judgment of the court of first instance are justified.

Therefore, the reasoning of the judgment of this court is as follows: (a) except for the addition of the judgment on the contents asserted by the plaintiff in this court, the ground of the judgment of the court of first instance is the same as that of the judgment; and

2. The Plaintiff asserts to the effect that the Defendant borrowed KRW 150 million from the Plaintiff under the husband’s name, and that the Defendant, in collusion with C, prepared a false contract for the repayment of collateral transferred for security and offered the medical equipment, etc. of the hospital operated by C to a third party, the Defendant has the liability for damages arising from such tort.

The statements of evidence Nos. 6 and 7 are not sufficient to acknowledge that the defendant committed a tort as alleged by the plaintiff, and there is no other evidence to acknowledge it.

Therefore, we cannot accept this part of the plaintiff's assertion.

3. If so, the plaintiff's lawsuit of this case shall be dismissed as illegal.

The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.

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