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(영문) 창원지방법원 2016.11.24 2015나35328
대여금
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

The court's explanation of this case is identical to the reasoning of the judgment of the court of first instance, except for the following reasons, thereby citing this case as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part 20 of the second sentence of the first instance judgment "Defendant Company B (hereinafter referred to as the "Defendant Company")" shall be incorporated into "Defendant".

In paragraph (1) of the reasoning of the judgment of the court of first instance, the title "Defendant Company" as "Defendant" and the name "Defendant" as "Co-Defendant of the court of first instance other than the Defendant is added to "Co-Defendant of the court of first instance".

The third-party 9 and 10-party 3 of the judgment of the court of first instance shall be deleted and the contents of the proposal shall be deleted.

Part 5 of the judgment of the court of first instance shall be 19 as follows.

The following shall be added to the following circumstances shown in the records and arguments of this case, i.e., the first instance judgment No. 6, 12, i.e., the statement No. 2 and A No. 2, and D’s witness testimony.

At the time of borrowing the instant money from the Plaintiff, D testified to the effect that “at the time of borrowing money from the Plaintiff, the Defendant would have been allowed to take charge of the said new construction if he borrowed money to the Plaintiff, and accordingly, he would have known the Defendant’s account number.” In light of this, D’s testimony of the witness D at the trial of the Party, “The fact that the Plaintiff would have known that he would have remitted the instant money with the knowledge that he would have been used for the Defendant’s business purpose,” is insufficient to reverse the first instance judgment of the party to the loan agreement of this case, and thus, it is dismissed additionally.

If so, the plaintiff's claim against the defendant is justified, and the part against the defendant among the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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