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(영문) 대전지방법원 2017.01.20 2016나3155
대여금
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning for the court's explanation concerning this case is as follows: " Jun. 9, 2009" in Part 2, Part 16 of the judgment of the court of first instance; " Jun. 9, 2006"; " Jun. 14, 2009" in Part 3 shall be as " Jun. 14, 2006"; " October 31, 2010" in Part 5 of Part 3 shall be as " October 31, 2010"; and except for the addition of the following judgments, the defendants' new argument in the court of first instance shall be as against the defendants in the grounds for the judgment of the court of first instance; therefore, it shall be accepted as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determinations are based on an agreement that the Plaintiff, the Defendants, the co-defendants of the first instance trial, and the chairman of the countermeasures against the buyer of the apartment of this case withdraw from the business of this case, and the Plaintiff acquired the business status of the Defendant A, thereby exempting the Defendants from all liabilities under the instant business agreement and the instant loan agreement. Thus, the Defendants asserted that the Defendants did not have any obligation to repay the remaining principal and interest of the instant loan to the Plaintiff. However, there is no evidence to acknowledge the fact that the Plaintiff and the Defendants agreed on the above contents, and thus, the Defendants’ assertion cannot be accepted.

3. As such, the part of the judgment of the court of first instance against the Defendants is legitimate. Thus, the Defendants’ appeal is dismissed in its entirety as it is without merit. It is so decided as per Disposition.

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