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(영문) 대법원 2015.02.26 2014다80464
청구이의
Text

All appeals are dismissed.

The costs of appeal are assessed against the plaintiffs.

Reasons

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

1. As to the grounds of appeal Nos. 1, 2, 3, and 4, the lower court, based on the circumstances indicated in its reasoning, based on the evidence submitted by the Plaintiffs, issued the promissory note on the condition that the amount of the instant transfer proceeds would be deducted from the instant transfer proceeds.

(2) The Defendant paid 4.5 billion won out of the transfer proceeds of this case to Plaintiff B

(3) the Defendant borrowed 4.5 billion won or any part thereof from the Plaintiff B.

(4) The court determined that it is difficult to recognize that E has lent money to the Defendant, or that E has obtained a benefit without any legal cause.

Examining the record, the lower court’s recognition and judgment are justifiable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, misapprehending the relevant legal principles, or omitting judgment.

2. On the grounds of appeal No. 5, the lower court, based on its stated reasoning, determined that the evidence submitted by the Plaintiffs alone was insufficient to recognize that compulsory execution based on the instant notarial deed did not exercise the Defendant’s legitimate interest, or solely inflict pain or damage on the Plaintiffs.

Examining the record, the lower court’s recognition and judgment are justifiable, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on abuse of rights

3. 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.

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