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(영문) 서울고등법원 2014.01.08 2013나2010985

대여금채무 부존재확인청구

Text

1. The plaintiff's appeal against the defendants is dismissed.

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

purport, purport, and.

Reasons

1. The court's explanation on this part of the basic facts is identical to the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is by the main text of Article 420 of the Civil Procedure Act

2. The assertion and judgment

A. The plaintiff's assertion on the failure and invalidity of the loan agreement of this case 1) The plaintiff asserts that the loan agreement of this case was made in appearance to avoid regulation of relevant statutes in the process of investing funds in the non-party company, and that the loan agreement of this case was not actually executed by the plaintiff, and that the loan agreement of this case was not established since the financial institution failed to meet the requirements of legal act in that it was for the purpose of achieving its own purpose by itself, or that it was an act to avoid mandatory provisions of Articles 12 and 18-2 of the Mutual Savings Banks Act. 2) according to the facts acknowledged prior to the determination of the non-existence of the loan agreement of this case, the plaintiff was requested by the non-party company to lend the name of the investor and the name of the loan to the non-party company in order to invest in the non-party company, and entered into the loan agreement of this case with the bankruptcy company without paying the loan of this case directly to the plaintiff, and as long as the plaintiff knew that the loan agreement of this case was not established under the loan agreement of this case.

In addition, a monetary loan for consumption is established as long as the money which is the object is given to the debtor or to the person delegated with the authority to receive the loan from the debtor, and the plaintiff makes the above request.