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(영문) 대구지방법원 2018.04.26 2017나313118
양수금
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 judgment of the court of first instance cited by the court of first instance is identical to the reasoning of the judgment of the court of first instance, except for a dismissal or addition as follows, and thus, it is acceptable in accordance with Article 420 of the Civil Procedure Act

2. On the part of the judgment of the court of first instance, the 4th parallel 3th parallel 9th parallel 3 to 9th parallel 1th parallel 20.

(2) As to the Defendant’s assertion, the Defendant asserted that “the above KRW 50 million is not a loan. The Defendant shall receive the refund of KRW 40 million from the Plaintiff. The Plaintiff agreed on May 2015 to pay the Defendant an aggregate of KRW 50 million, including the amount of KRW 40 million and the amount of KRW 10 million plus the amount of KRW 50 million.” However, in full view of the above facts and the purport of the entire pleadings, the Plaintiff and the Defendant did not easily respond to the Plaintiff’s demand for the payment of KRW 50 million, as seen earlier, and the Defendant may recognize the fact that the Plaintiff borrowed KRW 50 million from the Plaintiff for the purpose of receiving KRW 50 million from the Plaintiff, and the fact that the Plaintiff did not accept the demand for the payment of KRW 50 million,000,000,000,000,000,0000,000 from the Plaintiff, including the above evidence Nos. 2 through 50,000.

Therefore, the defendant's above assertion is without merit.

“”

3. The addition of the judgment of the court of first instance No. 4, 9, followed by the Defendant’s new argument in the court of first instance.

"The defendant's conjunctive defenses by the defendant are preliminaryly set-off and even if the plaintiff lent the above KRW 50 million to the defendant, the plaintiff agreed to pay the defendant the total sum of KRW 50 million, including the amount of the oil sales deposit to be refunded to the defendant around May 2015, plus KRW 10 million. Thus, the above agreed amount of KRW 50 million is set-off against the plaintiff's loan claim against the defendant by making the above agreed amount of KRW 50 million as the automatic claim.

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