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(영문) 서울고등법원 2016.10.07 2016나2030232 (1)
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The reasons for the court's explanation concerning this case are as follows: ① the judgment of the court of first instance (as to the non-party company's entry in the real security and payment contract as the debtor, it is interpreted to the effect that it is the debtor, even if the non-party company entered in the real security and payment contract as the debtor); ② The testimony of the witness D of the court of first instance is insufficient to recognize that the defendant used the non-party company's business as the representative director of the non-party company's company's representative director, and there is no other evidence to recognize it as being used by the non-party company's representative director, and thus, it is identical to the part as to the loan contract of first and loan for second consumption contract of Article 420 of the Civil Procedure Act.

2. Therefore, the decision of the first instance court is justifiable, and the defendant's appeal against this is dismissed as it is without merit.

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