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(영문) 수원지방법원 2019.12.19 2019나65368
채무부존재확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport:

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is that of the judgment of the court of first instance except for the cases of cutting down or adding some contents as follows, and therefore, it is identical to that of the judgment of the court of first instance pursuant to Article 420 of the Civil Procedure Act.

(1) The grounds for appeal by the Defendant do not differ significantly from the allegations in the first instance trial, and even if the evidence additionally submitted in the evidence adopted in the first instance trial, it is justifiable to find facts in the first instance trial and make a judgment). 2. The part (1) which used or added the “Evidence Nos. 2, 6, 7, 8, 10-18” in the last sentence of the third judgment of the first instance court is written with “Evidence Nos. 2, 6, 7, 8, 10 through 19”.

(2) The fifth part of the judgment of the first instance shall be subject to the following order:

④ Before the instant loan certificate was drawn up, the Plaintiff and the Defendant entered into an agreement on the premise of marriage with the representative director. Around 2009, the Plaintiff employed the Defendant as an employee and paid the Defendant wages. During that process, the Plaintiff left the Defendant with a considerable portion of his/her property on the grounds of business necessity or de facto marital living expenses.

Accordingly, on October 27, 2009, before preparing the loan certificate of this case, the Plaintiff: KRW 100 million; KRW 130 million on December 7, 201; KRW 130 million on October 13, 201; KRW 10 million on February 16, 2012; and KRW 50 million on August 31, 2012; and the Defendant deposited the money into the account under the name of the Defendant with the above money received; and under such circumstances, the Plaintiff managed the money of this case, separately from the said money, by preparing the money of the Defendant to lend the money to the Plaintiff’s Dong C; and the loan of this case KRW 50 million is likely to have been paid from the said money by the Defendant.

(3) The fifth (5) part of the judgment of the court of first instance shall be raised as follows.

⑤ The Defendant also prepares the instant loan certificate.

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