채무부존재확인
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. As to the ground of appeal No. 1, on the grounds indicated in its reasoning, the lower court determined that it was insufficient to recognize that the Plaintiff believed at the time of the establishment of the first collateral mortgage in this case’s judgment that the loans based on the first collateral mortgage would not have been actually executed due to the Defendant’s deception or the Plaintiff’s mistake, and that the said first collateral mortgage was created to the Defendant.
The judgment below
Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on expression of intent by mistake and failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.
2. As to the second ground of appeal, the court shall consider the purport of the entire pleadings and the result of the examination of evidence in accordance with logical and empirical rules on the basis of the principle of free evaluation of evidence, so long as it does not exceed the bounds of the principle of free evaluation of evidence, the value judgment and fact-finding belong to the discretion of the fact-finding court, and the fact-finding which the fact-finding court has lawfully affirmed
(Article 202 and Article 432 of the Civil Procedure Act). The lower court determined that the agreement between the Plaintiff and the Defendant to reduce the principal and interest of loans to C and the Defendant from KRW 3.8 billion to KRW 3.2 billion was not concluded, on the grounds as indicated in its reasoning.
The ground of appeal disputing this judgment of the court below is merely an error of the selection and value judgment of evidence belonging to the free trial of the court of fact-finding and the fact-finding based thereon.
In addition, examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court alleged in the grounds of appeal.