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(영문) 대구지방법원 2020.08.19 2019나317930
물품대금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for the following “the part which is dismissed or added.” Thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Of the reasoning of the judgment of the court of first instance, the part to be dismissed or added, the “this court” is collectively referred to as “court of first instance.”

From No. 2 of the judgment of the court of first instance, two parts of “based grounds for recognition” are as follows.

[Ground for Recognition] Facts without dispute, Gap evidence 1, 2, 4, and Eul evidence 3 (including branch numbers; hereinafter the same shall apply)

) The first instance judgment No. 5, No. 14 of the Act on the Purpose of the entire pleadings, see “N” as “H”.

The 5th page 5 of the judgment of the first instance is the Plaintiff’s “I”.

The following shall be added to the 6th page 8 of the judgment of the first instance.

According to the results of the order issued on June 12, 2019 to submit the tax information of the Nam Daegu Tax Office, J had earned earned income at H, the representative of which in 2017, and K has earned business income as a U representative in 2017, the following is added in front of the “inbound.” From November 9, 2017 to April 16, 2018, the Defendant: “The Defendant transferred KRW 261 million in total to the O Co., Ltd. account for KRW 261 million on November 9, 2017; KRW 5 million on October 5, 2018; KRW 300,000 on November 10, 2018; KRW 300,000,000 on August 16, 2018; KRW 300,000,000 on August 31, 2018; and

The following is added to the first instance judgment of "(E) No. 7 of the first instance judgment of "(E)" (as a result of the order to submit financial transaction information to the Korea Exchange on January 18, 2019).

As seen earlier, the Defendant remitted the sum of KRW 261 million from November 9, 2017 to April 16, 2018 to the O Co., Ltd.’s account, as seen earlier, to KRW 260,000,000 from April 16, 2018.However, the part “(i) through (ii) 9 of the first instance judgment of “(iii)” to KRW 18 is as follows.

However, the plaintiff is worth KRW 70 million.

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