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(영문) 서울고등법원 2018.08.09 2018나2011068
추심금
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 grounds for the acceptance and alteration of the judgment of the court of first instance are as follows, and such reasoning is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act, except for dismissal or addition as follows.

In Part 2, "claim for Reimbursement" in Part 20 is raised as "claim for Reimbursement against the defendant".

Part 3: 21 The following shall be added:

“3B performance of the secured obligation of this case by the Defendant is the intention of donation by B to the Defendant, and thus, there is no claim for reimbursement against the Defendant at the beginning of the B.

In Part IV, the following shall be added to the following part:

It is insufficient to view that B, at the time of repayment of the secured debt of this case, donated to the Defendant the amount equivalent to the secured debt of this case only with the statement of the evidence No. 3 as to whether B donated, and there is no other evidence to acknowledge it.

The above argument by the defendant is without merit.

Part 4 "C" in Part 21.

Sub-committee “D.”

The theory of the lawsuit is the theory of the lawsuit.

2. The plaintiff's claim for conclusion must be accepted on the ground of the reasons.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.

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