logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.09.20 2018나1634
계약증거금
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 of this court’s judgment citing the judgment of the court of first instance is identical to the part against the defendant in the judgment of the court of first instance except for dismissal or addition as follows, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420

(1) The grounds for appeal by the Defendant do not differ significantly from the allegations in the first instance trial, and even if the evidence submitted in the first instance trial shows the witness I’s testimony, the fact-finding and judgment in the first instance trial are recognized as legitimate, and there is no error as alleged in the grounds for appeal by the Defendant).

Part “A” is a trade name “H” and “H” before the change of Codefendant C Co., Ltd. in the first instance trial

The testimony of the witness F of the witness of the first instance court “B” is deemed to be “A” and the testimony of the witness F of the witness of the first instance court “B” is deemed to be “A. There is no acceptance of the document written “a disposal document” between the fifth and fourth reduction of the first instance judgment to be written.

“The portion of the instant agreement and special agreement, which is a disposal document, and the testimony of the witness F and I of the first instance trial who is contrary to the contents of the cash custody certificate, is difficult to believe, and even according to the testimony of witness F of the first instance trial, it can be acknowledged that the Plaintiff may reverse the instant agreement if Defendant B and F do not stand joint and several sureties at the time of the instant agreement. In such a situation, even though F merely stated to the Plaintiff that “The meaning of “the agreed amount to be returned is not a party to the instant agreement but a party to the instant agreement that is immediately returned to the Plaintiff’s account that is not a party to the instant agreement,” and that it is difficult for the Plaintiff to easily believe that the Plaintiff did not raise any objection, and Article 5A of the instant agreement.

Plaintiff’s account of remittance from Defendant B’s account.

arrow