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(영문) 대전지방법원 2019.11.12 2019나2313

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. Purport of the claim.

Reasons

1. The reasons for the judgment of the court of first instance are as follows, in addition to adding the following judgments to the defendant's argument emphasized or added by the court of first instance.

(Application Law: the main sentence of Article 420 of the Civil Procedure Act)

2. Additional determination

A. The Defendant’s assertion is nothing more than the money actually used by the Plaintiff and the Defendant as a joint principal.

However, the plaintiff continued to demand the delivery of the loan certificate, and the defendant, under the influence of alcohol, prepared a loan certificate with the spirit of mixed.

The loan certificate of this case is not prepared by the defendant's truth, but is invalid because the plaintiff is merely a loan certificate received due to lack of the defendant.

B. Even if the Defendant’s assertion constitutes a juristic act by a person without intention or coercion and thus null and void, there is no evidence to acknowledge the Defendant’s assertion.

The defendant's assertion is not accepted.

3. The judgment of the first instance court at the conclusion is justifiable.

The defendant's appeal is dismissed.