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(영문) 서울고등법원(춘천) 2016.03.16 2015나1173

대여금

Text

The defendants' appeal is dismissed.

The costs of appeal shall be borne by the Defendants.

Purport of claim and appeal

1..

Reasons

The reasons why our court should explain about this case are deducted from adding the following Paragraph 2, and therefore, it is identical to the part concerning the reasons for the judgment of the court of first instance. Therefore, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The Defendants asserted that the Plaintiff and Defendant C did not enter into an interest agreement in the course of monetary transactions, and that Defendant C was aware of the fact that Defendant C borrowed money from the Plaintiff under the name of Defendant B, the husband of the Plaintiff, and that he operated the Defendant B, and thus, Defendant B does not assume the liability for the nominal lender under Article 24 of the Commercial Act. However, the Defendants additional part of the Plaintiff’s assertion to the effect that the Plaintiff did not have any other evidence as to the Plaintiff’s assertion that the Plaintiff was not liable for the nominal lender under subparagraph 5-1 through 5, B-6, 7, 8-1, 2, 9, 10-1, 11-1 through 6, and 12-1, including the result of the Defendant’s personal examination, and there is no other evidence to prove that the Plaintiff did not have any other evidence to prove that the Plaintiff borrowed money from the Plaintiff under Article 20 of the Commercial Act, and that the Plaintiff did not have any other evidence to prove that the Plaintiff was not aware of the loan agreement.

The above assertion by the Defendants is without merit.

In conclusion, the appeal by the Defendants is dismissed as it is without merit, and the costs of appeal are fully borne by the Defendants who have lost. It is so decided as per Disposition.