대여금
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The grounds of appeal are examined.
The court shall determine whether the assertion of facts is true in accordance with logical and empirical rules, based on the principle of social justice and equity, with a free evaluation of evidence, taking into account the purport of the entire pleadings and the result of the examination of evidence (Article 202 of the Civil Procedure Act). The facts duly confirmed by the court of final appeal that the original judgment does not exceed the bounds of
(Article 432 of the same Act). The court below held that the Defendant borrowed the name of the debtor of the instant loan by deceiving a third party as to the instant loan contract in which the Defendant borrowed KRW 170 million from the Plaintiff.
However, it cannot be recognized that E, a party to the loan of this case, was aware or could have known the fact that E, a party to the loan of this case, was aware of or could have known the fact that E, a party to the loan of this case, was a party to the loan of this case, and that E, in collusion with D, could not be recognized as belonging to the defendant. Accordingly, it rejected all the claim for cancellation of the loan contract of this case by fraud of D, a third party under Article 110(2) of the Civil Code
Of the grounds of appeal, the argument disputing the fact-finding by the lower court is merely an error in the selection of evidence and the determination of the value of evidence belonging to the free trial of the fact-finding court.
In addition, even if examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the lower court did not err by failing to exhaust all necessary deliberations and by misapprehending the legal doctrine on loans and deception, or by exceeding the bounds of the principle of free evaluation of evidence.
The Supreme Court precedents cited in the grounds of appeal are different from this case, and thus, are inappropriate to be invoked in this case.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.