beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The reasons for this court’s acceptance of the judgment of the court of first instance are the reasons for the judgment of the court of first instance except for the following “the second height portion”. Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act
2. The dismissal of the first instance judgment in the same part is based on the “314,802,257 won” of the second 2nd 14th e.g., “314,802,257 won.”
The part of the judgment of the first instance from the third 9th to the last 9th Na is as follows.
“B. 1) D as the obligor, and there is a loan certificate with the Defendant or the Defendant’s ASEAN as the obligee; ① the KRW 100 million loan certificate (creditor F, the date of repayment; March 20, 2015); ② the KRW 200 million loan certificate (creditor F, the date of repayment; May 4, 2015) dated July 4, 2014; ③ the KRW 300 million loan certificate (the creditor F, the date of repayment) dated July 20, 2015 (the Defendant’s creditor, the due date of repayment; July 20, 2018; the interest rate of KRW 1500,000) transferred to the Defendant’s account on May 18, 2016).
(C) In the case of related criminal complaint filed by the Defendant with the litigant that “the Defendant acquired dividends by deceiving the court during the instant auction procedure,” the Defendant stated that the amount of the instant repayment was more than KRW 500 million and was related to loans other than the secured debt of the instant mortgage. ② The F stated that the amount of the instant repayment was KRW 300 million prior to May 21, 2014 and KRW 200 million as of July 4, 2014, which was the secured debt of the instant mortgage, was the sum of KRW 100 million as of May 21, 2014 and KRW 40 million as of July 4, 2014, and KRW 50 million as of May 21, 2014; ③ D stated the amount of the instant repayment in the form of 100 million and KRW 500 million as of May 21, 2014 as the grounds for the instant non-prosecution disposition.