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(영문) 대구고등법원 2020.10.29 2020나22446
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is the same as the ground of the judgment of the court of first instance, and thus, it is cited pursuant to the main text of Article 4

[This Court’s argument and the evidence presented by the Defendant are examined. The first instance judgment is reasonable even if this court continues to provide that the Defendant did not have borrowed KRW 600 million from the Plaintiff, but the Defendant voluntarily prepared the instant loan certificate to the effect that “the Defendant borrowed KRW 600 million from the Plaintiff,” and there is no clear evidence to acknowledge that the loan certificate is null and void (the Defendant asserted to the effect that “the loan certificate was prepared by the Plaintiff’s coercion), but it is difficult to acknowledge this only by the submitted evidence, and there is no other evidence to acknowledge this differently.

2) The defendant's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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