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(영문) 서울중앙지방법원 2017.09.21 2017나3412
대여금
Text

1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning of the judgment of this court for the acceptance of the judgment of the court of first instance is as follows: (a) each of the “Witness H” in the 4th and 6th of the judgment of the court of first instance is dismissed as the witness of the court of first instance; (b) the additional documents submitted by this court, which are insufficient to recognize the Defendants’ assertion that the contract for a loan for consumption for money is null and void; and (c) the witness of the court of first instance is dismissed as well as the witness of the court of first instance, except for the addition of the judgment as to the new argument made by the Defendants by this court, and therefore, (d) the same shall be cited as it is in accordance with the main sentence

2. The Defendants asserted that the new argument in this court is that even if the Plaintiff Company paid KRW 80,00,000 to the Defendants, the Plaintiff Company paid KRW 80,000 to the Defendants, this shall be paid in the form of the Plaintiff Company’s lending of KRW 80,000,000 to the Defendant Company that actually controlled the Plaintiff Company and E, and then seek a return from the Defendants using the Plaintiff Company’s corporate personality, and thus, it shall not be permitted as violating the principle of good faith. However, the Defendants asserted that the claim in this case was actually made in use of the Plaintiff Company’s corporate personality or the Plaintiff Company’s claim against the Defendants is against the principle of good faith, and there is no other evidence to acknowledge this otherwise.

Therefore, the above assertion by the Defendants cannot be accepted.

3. If so, the judgment of the first instance is legitimate, and all appeals by the Defendants are dismissed.

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