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(영문) 서울중앙지방법원 2016.01.28 2015나51226

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for this Court’s acceptance of the judgment of the court of first instance are as follows, except for the addition of the arguments in the defendant’s trial to the part of the reasons for the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. The addition;

A. The Defendant alleged that the Defendant had not received most of the above construction costs from the Plaintiff until October 25, 201, which was the time when the first construction was completed, was in an economic old-age situation in which it was impossible to recover the said construction cost, except in the payment method as seen earlier. The Plaintiff, using the Defendant’s aforementioned condition, settled and transferred the said three buildings at a remarkably higher price than the market price, thereby allowing the Defendant to substitute the payment for the payment of the said construction cost, and concluded a quasi-loan loan contract with unfair content on this premise, the above quasi-loan contract is null and void pursuant to Article 104 of the Civil Act.

B. In light of the judgment, the Defendant concluded the above quasi-loan contract under the economic old age solely based on the circumstance alleged by the Defendant.

Since the above payment in kind cannot be seen as significantly unfair, the defendant's above assertion is without merit.

3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.