대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The reasoning of the first instance judgment is reasonable, and this applies to the examination of the evidence submitted by the appellate court in addition to the evidence submitted by the first instance court. Thus, pursuant to the main sentence of Article 420 of the Civil Procedure Act, the reasoning of the first instance judgment is cited on the ground of this judgment, and the lower court added the judgment on the main argument that the Defendant
The defendant accepted the request of D, and did not actually borrow the loan to D with only the name of the loan, and the plaintiff did not pay the loan to the plaintiff with the knowledge of such name lending. Therefore, the defendant asserts that each loan contract between the defendant and the plaintiff constitutes a false declaration of conspiracy and thus invalid.
However, the following facts can be acknowledged in full view of the evidence and the overall purport of the pleadings presented in the reasoning of the judgment of the court of first instance cited as above.
D along with the co-defendant B of the first instance trial, requested the Defendant to the effect that “When the Defendant borrowed money from the Plaintiff and borrowed money to D, D shall be responsible for it.” In order to raise funds to purchase land E (hereinafter “instant real estate”).
Upon acceptance of the above request by the Defendant, the Defendant directly signed the loan transaction agreement under the name of the Defendant at the Plaintiff’s place of business to obtain a loan under the Defendant’s name and submitted it to the Plaintiff.
(1) The loan transaction agreement shall be deemed to be a genuine document prepared by the Defendant according to his/her own intent, since the Defendant directly signed the loan transaction agreement and submitted it to the Plaintiff. The loan transaction agreement shall be deemed to be a genuine document prepared by the Defendant. Under the loan transaction agreement, the Defendant’s name is stamped, and the agreement shall not be deemed to be any differently. The Plaintiff accepted the Defendant’s application for the loan transaction agreement and concluded the loan contract, at the Defendant’s request.