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(영문) 인천지방법원 2017.06.28 2017나50419

대여금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, citing it pursuant to the main sentence of Article

[Reliable donation refers to a donation with a view to bearing a certain burden, i.e., a obligation to perform a certain benefit, at the same time as a donation. In order for a donee to be liable as an associate member of the donation contract, there is an agreement between the parties to make certain benefit as a content of the contract. Therefore, even if a donee expects a certain benefit to the donee and made a donation, if the benefit is not the content of the contract by an agreement between the parties, it shall be merely the motive or act of the donation, and it shall not be a basis for the other party's motive or act. Whether the other party has agreed to assume a separate obligation in relation to the donation, or whether the other party has agreed to assume a separate obligation in relation to the other party's donation, it constitutes a matter of fact-finding, which becomes final and conclusive between the parties who wish to have legal effect and that it was made by expressing an express or implied indication by speech or behavior, and its existence shall be proved (see Supreme Court Decision 201Da17810, May 27, 2010).