beta
(영문) 수원지방법원 2017.12.08 2017나62242

청구이의

Text

1. All appeals filed by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport.

Reasons

1. The reasoning of the court's explanation of this case is as stated in the reasoning of the judgment of the first instance except for dismissal or addition as stated in the following Paragraph 2. Thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Part 4 of the judgment of the first instance court that is dismissed or added, the following is added to the part that “the Defendant’s above assertion is without merit.”

“In addition, the Defendant asserts that, even prior to the conclusion of the loan agreement of this case based on the loan agreement of this case, the Plaintiff: (a) granted the right of representation for the loan of this case to the Plaintiff, his father; (b) borrowed KRW 10 million from the Defendant around March 24, 2006 and KRW 22,00,000 from the Defendant around March 24, 2006; and (c) taking account of such financial transaction relationship, the Plaintiff may be deemed to have granted the right of representation for the loan contract of this case based on the loan agreement of this case. Considering that it is difficult for the Defendant to prove the financial transaction relationship in the past, as evidence proving the loan transaction relationship of this case, it is difficult to view the Plaintiff’s right of representation as having been written by the Defendant in the form of the above loan agreement of this case and the instrument of borrowing (No. 9) drafted on March 24, 2006, which was written by the Defendant to the Plaintiff, as alleged otherwise in the form of the loan agreement of this case.