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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The Plaintiff’s ground of appeal citing the judgment of the court of first instance is not significantly different from the assertion in the court of first instance, and even if this court newly claims and presented evidence in the court of first instance were presented, the recognition and determination of facts in the court of first instance is justified.
Accordingly, the reasoning for this Court concerning this case is that it is identical to the reasoning for the judgment of the first instance except for any modification to the following contents, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420
[Modification] Paragraph 1. (2) (7) of the second ground of the judgment of the court of first instance is amended as follows.
1. The Plaintiff did not accurately memory but lent 15 million won to the network D with the purchase title of construction machinery, and around 196, the Plaintiff transferred the right to operate the Fcafeteria located in the DongD and Seongbuk-gu Seoul, Seoul, operated by the Plaintiff to the network and Defendant B, and had the claim amounting to KRW 11 million incurred in the process of arranging the restaurant. However, upon the Plaintiff’s demand for payment, the Plaintiff prepared a cash custody certificate (Evidence A 1) by arranging the above claim by the network D and the Defendant C. As stated in the cash custody certificate, the Plaintiff and the Defendant C shall jointly and severally pay KRW 26 million to the Plaintiff as the principal debtor or the joint guarantor.
However, since the network D died before the instant lawsuit was filed, the deceased spouse B and the Defendant C should jointly return the said money to the Plaintiff.
The second ground of the judgment of the first instance court is changed to the "certificate No. 1 and 2 of the first instance court" of the second ground of appeal No. 13.
2. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.