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(영문) 서울중앙지방법원 2018.04.26 2016나84650

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 the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the parts added or written by the following paragraph (2). Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The following is added to the part added or written by the court of first instance following the fifth page 5 of the court of first instance. Each "Defendant" of the court of first instance shall be each "Defendant and Co-Defendant A of the court of first instance", "Defendant B," "Defendant B," "(3) of the court of first instance," "Defendant B," and "Defendant B," of the 7th page 8 (3) of the court of first instance, "(4)" shall be each "Defendant B, and "Defendant B," respectively.

Defendant B, even if the instant letter of guarantee was genuinely formed, the above Defendant B’s expression of intention stated in the above letter of guarantee, and the other party knew or could have known it. Thus, Defendant B’s expression of intention in the above letter of guarantee was invalid. However, in light of the various circumstances mentioned above, Defendant B’s expression of intent in the expression of intention does not mean that it is a matter in the process of mind (see, e.g., Supreme Court Decision 2000Da47361, Dec. 27, 2002). In light of the aforementioned various circumstances, Defendant B’s expression of intention in the above letter of guarantee, and the co-Defendant A’s expression of intention in the first instance trial, the mere fact that Defendant B prepared the instant letter of guarantee that is not Defendant B had known or could not have known it, and there is no reason to acknowledge that the above fact was false.

3. Conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is so accepted.