beta
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 reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of the first instance, except for the defendant’s assertion added by this court as follows, and thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(A) The court of first instance cannot change the facts or judgments recognized by the court of first instance even if the evidence additionally examined by the court was presented (see, e.g., Supreme Court Decisions 2.
A. The Defendant’s assertion and D have continuously traded money between April 16, 1997 and July 29, 2003. During that period, the Plaintiff loaned money to D to D is KRW 236,200,000, including the Plaintiff’s claim as the preserved claim, and on the other hand, the money loaned to D to the Plaintiff is KRW 347,00,000,000,000,000.
Accordingly, the defendant, who is the creditor of D, has the right to return the total amount of KRW 347,00,000,000 in subrogation of D, which is the debtor, against the plaintiff, shall be offset against the total amount of the above loan amount of KRW 236,20,00 in return claim of KRW 236,20,00.
As a result, all of the Plaintiff’s above loan claims against D were extinguished, and the instant secured claim against C, a joint guarantor, also does not exist any longer.
B. According to each of the statements in Eul evidence Nos. 16 (including paper numbers; hereinafter the same shall apply), the fact that D remitted total of KRW 347 million to the plaintiff et al. on several occasions from August 4, 1997 to July 11, 2003 can be acknowledged.
However, the following circumstances, which can be seen by comprehensively considering the overall purport of the pleadings in the statements in Gap evidence Nos. 1, 3, 4, and 5, i.e., Eul transferred 37 million won to the plaintiff, etc. during the period from August 4, 1997 to December 6, 2001. On May 30, 2003, 2003, after arranging the loan relationship between the plaintiff and D, and preparing a certificate that the plaintiff has a debt of 2.36 million won to the plaintiff (Evidence No. 5).