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(영문) 대구지방법원 2016.03.23 2015나12435
추심금
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 explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance except for the addition or dismissal of the pertinent parts, including the judgment as to the Defendant’s argument brought at the trial. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. A portion used for adding or cutting;

A. On the 3rd page of the first instance judgment, the following judgments shall be added to “A evidence 6-1 and 2” in the 20th page of the first instance judgment.

"A recording tape or a recording recording recorded by a stenographyr cannot be readily concluded as inadmissible on the ground that the recording tape or a recording recording recorded by the stenographyr was recorded on the other party's secret in the other party's site under the Korean Civil Procedure Act, which adopts the principle of free evaluation of evidence, by extracting parts favorable to the other party's own, and without the other party's prior consent, the recording tape or a recording recording recorded by the stenographyr cannot be concluded as inadmissible, and whether it is admissible belongs to the discretion of the fact-finding court (see Supreme Court Decision 2009Da37138, 37145, Sept. 10, 200), and considering the time of conversation, conversation participants, method of recording, and all other circumstances recognized by the whole purport of pleadings, each recording recorded by the plaintiff can be used as evidence as it is recognized as having been established."

B. Part 4 of the first instance judgment, the part of the fourth to fourth is as follows. The part of the fourth to fourth is as follows.

"In addition, the above evidence, the result of the order to submit financial transaction information to the National Bank of Korea, and the purport of the entire pleadings, i.e., the following circumstances acknowledged by the order to submit financial transaction information to the National Bank of Korea, the Seoul Central District Court 2013TTTT 2013TTT 30609, and the account of the deposit claim subject to the collection order, was deposited only to the extent of KRW 00,000,000, and thus, the Defendant received the above seizure and collection order.

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