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(영문) 서울중앙지방법원 2016.06.30 2016나5121
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal are assessed against the defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, except for adding the following judgments, and thus, it is identical to the corresponding part of the reasoning of the judgment of the court of first instance. Thus, it is also accepted by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The defendant asserts that according to the loan agreement, only the members of the defendant confirmed as the members and notified the plaintiff as the loan recipient, and that although the defendant did not notify the plaintiff of the co-defendant A (hereinafter referred to as "A") of the first instance court as the loan recipient, the plaintiff implemented the loan of this case to A at his own discretion, the defendant does not

In full view of the overall purport of the arguments in the items of evidence No. 4, evidence No. 5, evidence No. 5, and evidence No. 1, the loan agreement (Evidence No. 1) entered into between the plaintiff and the defendant in relation to the moving expenses of the union members shall be the person who is acknowledged as the eligible person for the loan among the union members confirmed and notified by the defendant to the plaintiff (Article 2). In addition, the plaintiff provides that "the plaintiff shall grant the loan limit to the non-party redevelopment partnership and the union members notified separately by the defendant" (Article 3 (1)). The debtor statement presented by the defendant when entering into a contract for the guarantee of the relocation expenses with the plaintiff, attached No. 143 as the union members, while the non-party redevelopment partnership notified the plaintiff on March 3, 2010 that the plaintiff succeeded to the status of union members No. 143D.

According to the above facts, the plaintiff's relocation expenses loan will be implemented to the non-party redevelopment partnership and the members of the defendant confirmed and notified by the plaintiff as eligible to the loan.

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