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(영문) 대법원 2018.12.27 2018다248435

대여금반환

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The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

After comprehensively taking account of the adopted evidence, the lower court determined that even if a provisional contract and a construction contract are null and void, the instant agreement cannot be deemed null and void, and that the Plaintiff’s claim for the repayment of the instant loan cannot be deemed to be contrary to the good faith principle.

Examining the record in accordance with the relevant legal principles, the lower court’s determination is just and acceptable. In so doing, it did not err by misapprehending the legal doctrine on partial invalidation of a contract, illegal consideration, establishment of an association under the Civil Act, rescission or termination of a contract, and causes attributable to nonperformance

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

참조조문