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(영문) 서울고등법원 2015.12.11 2015나5691

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

The reasoning of the judgment of the first instance is reasonable, and it is cited by the main sentence of Article 420 of the Civil Procedure Act.

The defendant asserts that the court did not borrow money from the plaintiff, and that the preparation of a certificate of loan constitutes a false declaration of intention or false conspiracy and thus invalid.

However, according to the evidence cited in the reasoning of the first instance judgment cited earlier, it is recognized that the Defendant borrowed KRW 150 million from the Plaintiff on December 15, 2008 by determining the due date as December 15, 2009.

In addition, even if all the evidence presented to this court are collected, it is insufficient to conclude that the loan certificate prepared by the defendant was caused by a bad faith or a false conspiracy, and there is no other evidence to view it as such.

Defendant’s assertion is not accepted.

The defendant's appeal is dismissed for lack of reason.