logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
arrow
서울서부지방법원 2016.07.07 2015나2991
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

purport:

Reasons

1. The reasons why a party member should explain this case are as follows: the following is added to the judgment of the court of first instance on the part 6th of the court of first instance on the part of the defendant's assertion; and the judgment below is added to the judgment of the defendant on the part of the court of first instance on the part of the evidence No. 10 or No. 12 (including the serial number) which is insufficient for the defendant to recognize the existence of a claim against Namyang-M as evidence; therefore, it is identical to the part on the grounds of the judgment of the court of first instance

2. The Defendant, in the first instance court, led to the confession of the court of first instance that the Defendant had the obligation to pay the goods of KRW 96,381,210 to South Yangyang-M, but was merely KRW 72,863,430 at the trial, the confession was revoked. However, it is not sufficient to acknowledge the confession by the only descriptions of the evidence Nos. 7 and 8 as to the fact that the confession was contrary to the truth and was caused by mistake, and there is no other evidence to acknowledge it, the revocation of confession is not effective.

3. In addition, the part of the judgment in addition, the defendant asserted that the defendant paid 31,147,600 won of a promissory note to South Yangyang-M on May 31, 2013. However, it is insufficient to recognize the above only based on the entries in subparagraph 9 and the results of each financial transaction information reply to the Bank and the National Bank of Korea, and there is no other evidence to acknowledge them. Thus, the above assertion is without merit.

4. In conclusion, the first instance judgment is just and the defendant's appeal is dismissed. It is so decided as per Disposition.

arrow