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(영문) 인천지방법원 2020.11.13 2019나66425
청구이의
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 shall be the plaintiff.

Reasons

1. The pertinent part of the judgment of the court of first instance, other than partial dismissal, is the same as that of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

In the second half of the judgment of the first instance court, the Plaintiff added “the Plaintiff” in front of “the second half of the judgment of the first instance,” “the Plaintiff engaged in the manufacturing of clothing in its trade name, and the Defendant is engaged in the manufacturing and selling of the original body in the trade name of “G” in the name of the spouse H.

Part 5 of the second sentence of the first instance court's decision "2007....." shall be "2017.."

The third letter of the judgment of the court of first instance " Q. Q." in the 10th letter of the judgment of the court of first instance shall be changed to "O of the check number."

The 36.5 million won in the third place of the judgment of the court of first instance shall be "36.5 million won" (hereinafter referred to as "the cash of this case").

Part 3 of the judgment of the court of first instance is the "tax invoice" in Part 16 of the judgment of the court of first instance as "tax invoice" (hereinafter "tax invoice of this case").

Part 3 of the judgment of the first instance court "B 1" in Part 19 shall be "B 1 and 4."

2. Summary of the parties' arguments

A. The Plaintiff delivered F and K bills, which constitute KRW 80 million in total face value, to the Defendant for the repayment of each of the instant notarial deeds (hereinafter “the Plaintiff”). Since each of the instant notarial deeds was paid in full, the obligation of each of the instant notarial deeds was extinguished by repayment.

On the other hand, E bills are given at a discount, and M, N, O Check, and cash in this case are given for the payment of the price under the tax invoice in this case.

B. Defendant F Bill is issued for the payment of the amount under the tax invoice of this case, and K Bill is issued for the payment of the original amount in connection with a separate transaction, so it is irrelevant to the repayment of the obligation of this case.

On the other hand, E Bill is given at a discount, M Bill is given for the original payment related to a separate transaction, and N Bill, O Check, and this case.

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