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(영문) 광주고등법원 2020.02.14 2019나23366
채무부존재확인
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 defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if each evidence submitted in the court of first instance (each of the statements and images of evidence No. 15-1 through No. 16-2 of the evidence No. 15-2 of the evidence No. 15, the witness K, and I's testimony) is presented to the court of first instance, the fact-finding and judgment of the court of

Therefore, the reasoning for the court’s explanation on the instant case is as stated in the reasoning of the judgment of the first instance, except for dismissal or addition as follows. Therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Of the 8th page 4 to 5 of the first instance judgment of the first instance court, the phrase “Evidences 8-3, A 19-14 (including the branch numbers, if any)” shall be read as “each of the descriptions and images of Evidence A through 14, 16 (including the branch numbers), K witnesses of the trial, and I’s testimony”.

The following shall be added between the last sentence of the judgment of the first instance and the first sentence of the nine pages:

⑤ Witness I testified to the effect that “The creditor of the first claim is N and 3, and there was no agreement between the creditor of the first claim and 1 and 3 as the defendant.” The testimony corresponds to I’s request against the plaintiff as shown in evidence 16-1 (I sent to the plaintiff on October 24, 2017, 2017) (the document of the Kakakao Kakao Kao Kao Kao am which was sent by the plaintiff by the I to the plaintiff on October 24, 2017) (the document was first resolved even if the money was borrowed, the liquor tax is required to be resolved first. On the other hand, O million won is requested. The loan is made within this month. It is also consistent with the above testimony.

3. In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims shall be dismissed as they are without merit.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so ordered as per Disposition.

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