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(영문) 수원지방법원 2018.10.12 2018나56718
대여금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1...

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations by the court of first instance, and each evidence submitted by the court of first instance is deemed legitimate even if each evidence submitted by the court of first instance was presented to this court.

Therefore, the reasoning for the court's explanation on this case is as follows: "D borrowed the passbook of the defendant company to borrow money from the plaintiff, and the plaintiff demands the preparation of a loan certificate on November 14, 2016. The defendants merely prepare a loan certificate with the plaintiff without the intent to conclude a monetary loan contract and signed it as a joint guarantor, and it cannot be deemed that a monetary loan contract has been concluded between the plaintiff and the defendants." On the same ground, "the plaintiff is not recognized" (the plaintiff was a company operated by D, which entered into a supply contract with the defendant company, and the defendant company did not produce products because it did not pay the intermediate payment. Accordingly, if the plaintiff lent money from the plaintiff, it is hard to accept the balance after producing the product and receiving the loan from the plaintiff, and the plaintiff directly lends the loan to the defendant company, and it is not possible to conclude a monetary loan contract between the plaintiff and the defendants." Article 20 (1) 4 (2) of the Civil Procedure Act provides that "No. 20 (3) of the judgment of the court below is stated that "No. 20 (4).

2. Therefore, the judgment of the court of first instance is justified in its conclusion, and the defendants' appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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