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(영문) 서울남부지방법원 2019.05.24 2018나57887
청구이의
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's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument in the court of first instance that there was an agreement to reduce the rent, and the evidence submitted in the court of first instance is acknowledged as legitimate, even if the defendant neglected the evidence submitted to this court.

Therefore, the court's explanation on the instant case shall add "the reasons" to "the reasons" in the front of the fourth 11th judgment of the court of first instance, and shall read "from December 31, 2010 to "from December 31, 2010" in the fourth 13th judgment as "from December 31, 2010," and the defendant's new argument as the grounds for appeal are the same as the stated reasons for the judgment of the court of first instance except for the additional determination as to the grounds for appeal as stated in the second 2th judgment. Thus, it shall be cited as it is in accordance with the main sentence of Article

2. Judgment on the defendant's additional assertion

A. The Defendant asserted that the Defendant deposited KRW 3 million in the bank account of F for the representative director of the Plaintiff on January 26, 2012.

In addition, upon F’s request for a loan, the Plaintiff wired the F’s bank account of KRW 18 million on July 24, 2012, KRW 7.5 million on July 30, 2012, KRW 36.5 million on July 30, 2012, and KRW 3.6.5 million on November 2, 2012. After that, F wired the Plaintiff’s bank account of KRW 18 million on July 24, 2011, KRW 50 million on July 30, 201, KRW 34.5 million on July 30, 201, and KRW 5 million on November 21, 2012, the Plaintiff and the Defendant agreed to pay the loan in lieu of KRW 34.5 million on July 24, 2012.

Therefore, the defendant paid to the plaintiff the amount of KRW 37.5 million additionally.

B. According to each of the statements in Eul evidence Nos. 24 through 27, the defendant transferred F's bank account KRW 3 million on January 26, 2012, KRW 18 million on July 24, 2012, KRW 750,000 on July 30, 2012, KRW 11 million on November 24, 2012, KRW 200,000 on the Plaintiff's bank account, and KRW 50,000 on July 30, 201, KRW 200,000 on July 24, 201, KRW 50,000 on July 30, 201, and KRW 250,000 on November 25, 201, and the fact that the defendant paid KRW 375,500 on July 25, 201 can be found as the above fact that the defendant paid the money to the Plaintiff.

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