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(영문) 대법원 2016.03.10 2015다244722
대여금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. The court shall decide whether a factual assertion is true in accordance with logical and empirical rules, taking into account the purport of the entire pleadings and the results of the examination of evidence, based on the principle of social justice and equity (Article 202 of the Civil Procedure Act). The court below’s judgment did not go beyond the bounds of the principle of free evaluation of evidence and thus duly confirmed the court of final appeal

(A) The court below held that it is difficult to view that C had a legitimate authority to supplement the terms of the monetary loan loan agreement of this case as evidence, and that C had the power to execute the monetary loan agreement on behalf of the Plaintiff as alleged by the Plaintiff, as it is difficult to deem that C had a legitimate authority to supplement the terms of the loan agreement of this case.

Of the grounds of appeal, the argument disputing the fact-finding by the lower court is merely an error in the selection of evidence and the determination of the value of evidence belonging to the free trial of the fact-finding court.

In addition, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

2. Based on its stated reasoning, the lower court determined that it was difficult to deem that there was a justifiable reason for the Plaintiff to believe that C had the authority to conclude a monetary loan agreement on behalf of the Defendant.

In light of the records, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of legal principles as to the liability for expressive representation, contrary to what is alleged in the grounds of appeal.

3. Therefore, the appeal is 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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