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(영문) 대법원 2014.04.30 2014다2570

대여금

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined.

The lower court, based on its adopted evidence, found the facts as indicated in its reasoning, and rejected all the Defendants’ assertion that the loan agreement in this case constitutes a false declaration of intent or a declaration of intention not to be a true intention and invalid, on the ground that it was difficult to recognize that the Plaintiff and the Defendants attributed legal effect under each of the instant loan agreements only to E, and that there was an agreement with the Defendants not to bear the obligation under each of the instant loan agreements.

The judgment below

In light of the records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, by misapprehending the legal principles on false representation or declaration of intention not as a conspiracy, or by failing

Therefore, all appeals are 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.