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(영문) 대법원 2014.08.28 2014다38418

대여금

Text

All appeals are dismissed.

The costs of appeal are assessed against the Defendants.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The lower court determined that the Defendants were jointly and severally liable with A as a joint and several surety of A, the primary debtor, in accordance with the terms of the instant service agreement, and rejected all the Defendants’ assertion on the grounds as stated in its reasoning that the instant loan agreement was contrary to the mandatory law or that the Defendants agreed by mistake.

The judgment below

In light of the records, the judgment of the court below is just and acceptable, and there is no error in the misapprehension of legal principles as to the interpretation of contract parties, the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, or declaration of intention due to mistake

Therefore, all appeals are 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 on the bench.