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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. On May 9, 2018, the first instance court’s decision as to the legitimacy of the subsequent appeal was proceeded by public notice to the Defendant, and was rendered on May 9, 2018, and the original of the judgment was served by public notice. On December 2, 2019, the Defendant received the original of the judgment of the first instance on December 2, 201, and filed the instant subsequent appeal on December 10, 201.
Before receiving the original copy of the judgment, the Defendant appears to have been unaware of the judgment of the first instance court, and there is no reason for such failure.
Therefore, the appeal of this case is lawful.
2. Basic facts
A. The Plaintiff, as a child of C (the deceased on March 21, 2017; hereinafter “the deceased”), was the only heir of the deceased, and the Defendant was a person who was in a relationship with the deceased from around 2014, and the deceased was a person who was in a relationship with the Defendant, and the deceased was in a main station (E) operated by the Defendant.
B. On March 5, 2016, the Deceased entered into a lease agreement with F Co., Ltd. on the condition that the lease deposit is KRW 65,00,000,000 and the lease term is from March 20, 2016 to March 19, 2018, the Deceased paid KRW 65,000,000 to the lessor as the Defendant of the lease deposit.
(hereinafter “instant lease agreement”). C.
On November 9, 2016, the Defendant assaulted the Deceased on the second floor of the I building in Jinju-si on the ground that the Deceased demanded him to pay KRW 70,000,000 from the borrowed money, and caused bodily injury to the Deceased, such as on the two sides, sprinking, sponsing, salted, etc.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6, 9, 12, 15, Eul evidence 4, the purport of the whole pleadings
3. The assertion and judgment
A. The gist of the Plaintiff’s assertion 1) In concluding the instant lease agreement, the Deceased paid KRW 65,00,000 to the Defendant with the lessor’s name as the Defendant, thereby lending the amount equivalent to KRW 65,00,000 to the Defendant. 2) Since the Deceased’s suicide was caused by the Defendant’s assault, the Defendant and the Plaintiff.