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(영문) 서울고등법원 2017.06.08 2017나2000221
공탁금출급권자확인
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the dismissal or addition of the judgment below, and thus, it is accepted pursuant to the main sentence of Article 420

【A” and “A,” among the grounds for the judgment, shall be added to “A” and “A,” respectively.

The 3th 12th 12th 'Plaintiff (Counterclaim Defendant; hereinafter referred to as the "Plaintiff") 'B' has been written.

After the third 13th page, “the plaintiff taken over the litigation proceedings in this court as the rehabilitation proceedings were concluded on March 30, 2017.”

6 The following shall be added to the 15th page:

“The Defendant, upon knowledge of the Plaintiff’s default on September 1, 2014, requested a direct payment to the new bank on or around September 4, 2014, prior to the provisional attachment listed in the separate sheet, and claimed that the direct payment agreement was reached between the Plaintiff, the Defendant, and the new bank at the time. However, even if the Defendant neglected each of the statements stated in the evidence Nos. 23 through 30 additionally submitted by this court, each of the above evidence alone is insufficient to acknowledge the Defendant’s assertion, and there is no other evidence to acknowledge it. The Defendant’s above assertion cannot be accepted.”

2. Conclusion, the first instance judgment is justifiable.

The defendant's appeal is dismissed. It is so decided as per Disposition.

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