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(영문) 울산지방법원 2017.12.07 2017나22032
대여금 등
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 for the court’s explanation on the instant case is as follows, in addition to the addition of the judgment on the Defendant’s conjunctive assertion at the trial, the reasoning for the first instance judgment is as stated in the main sentence of Article 420 of the Civil Procedure Act.

“A defendant asserts that even if the defendant is obligated to pay the above amount to the plaintiff according to the plaintiff’s assertion, the defendant transferred to the plaintiff the above amount of KRW 4 million on February 1, 2013, KRW 5 million on February 25, 2015, KRW 3 million on June 17, 2013, and KRW 13 million on November 20, 2013, respectively, to the defendant’s husband C, and KRW 13 million on November 20, 2013. According to the records of the evidence No. 1, No. 2, and the results of the Financial Transaction Information Meeting against the first instance bank, the defendant and C transferred the above amount to the plaintiff as alleged above, it is recognized that there is no possibility that all the plaintiff and C were in a partnership business relationship with the plaintiff, and there is no possibility that the above money was transferred to the plaintiff according to any other cause, such as a partnership business relationship, and there is no reason to acknowledge otherwise.”

2. If so, the plaintiff's claim of this case is partially accepted within the scope of the above recognition, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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