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(영문) 부산지방법원 2018.06.21 2016나51849
대여금
Text

1. The defendant's appeal is dismissed.

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

3. The text of the judgment of the court of first instance is set forth.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for adding the following contents and judgments to the judgment of the court of first instance. Thus, it is citing it as it is by the main text of Article 420

Part III of the decision of the first instance court shall add the following:

F. The Plaintiff received KRW 1,073,880,00 in the public sale procedure for the instant apartment, and appropriated the provisional payment, overdue interest, agreed interest, and principal of the loan to the Defendant as shown in the following table. As a result, the Plaintiff’s claim against the Defendant for overdue interest remains in KRW 149,543,739 as of December 19, 2017.

B The following is added to the second [based on recognition] part of the judgment of the court of first instance under the 5th sentence of the judgment of the court of first instance. The Defendant’s assertion that this part of the loan agreement of this case is merely that the Defendant lent the name of F, and the Plaintiff was well aware that the loan of this case was executed by entering into a false loan transaction agreement with the Defendant and that the loan of this case was for raising F’s funds, and that the loan agreement of this case is invalid as a false declaration of conspiracy. Thus, the loan agreement of this case is examined with the assertion that it is invalid as a false declaration of conspiracy.

In order to establish a false agreement, there is a difference between the truth and indication of the expression of intent and an agreement between the other party as to the inconsistency. If a third party directly signs and seals as a principal debtor or joint guarantor in loan-related documents, such as a letter of loan for consumption, etc., the third party itself indicates that he is the debtor of the loan for consumption, and the third party has expressed his intention to have another person use the loan under the name of the third party by avoiding the credit limit stipulated by the financial institution.

(b) the principal and interest of such principal and interest have been paid at the expense of any other person.

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