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(영문) 대전지방법원 2016.07.26 2015나6836
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning for the court’s explanation on this part of the facts is as stated in the part concerning “1. Basic Facts” in the judgment of the court of first instance, and this part is cited by the main text of Article 420 of the Civil Procedure Act.

2. Determination as to the cause of action

A. The grounds for the court’s explanation on this part of the parties’ assertion are as stated in the part of “2. Party’s assertion” in the first instance judgment, except for the following parts, and thus, they are cited by the main text of Article 420 of the Civil Procedure Act.

【The part of the judgment of the court of first instance, 【The payment of this case was agreed to the purport 1 to 4’s main sentence of the judgment of the court of first instance. The Plaintiff personally lent the Defendant’s living expenses, etc., and the Defendant did not obtain the permission (approval) for the operation of facilities C from both prime viewers, and paid the loan. In other words, the Defendant agreed to the effect that “the Defendant would return the money received if the Plaintiff and the Defendant did not obtain the permission (approval) for the operation of facilities C’s flexible equipment from both prime viewers at the time of receiving the payment of this case” (hereinafter “instant agreement”).

2) The loan certificate No. 2 of this case (hereinafter “the loan certificate of this case”) shall be issued to secure the above agreement.

b)Prepare in 190,000.

Judgment

The main issue of this case is whether the plaintiff and the defendant concluded the agreement of this case as above.

However, in light of the following facts, witness D, E’s testimony, and evidence No. 2, which correspond to the fact that the instant agreement was concluded, are difficult to believe.

(1) If there is a dispute over the existence and authenticity of the original of a disposal document and there is an objection against the other party against the substitution of the original document, the copy shall not be substituted by the original, and, on the other hand, if a copy is submitted as the original, the copy shall become an independent documentary evidence.

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