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(영문) 서울중앙지방법원 2017.11.22 2017나40404
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 reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the reasons for the acceptance of the judgment of the court of first instance are the reasons for the judgment of the court of first instance except for adding the following contents to the third and third parts of the judgment of the court of first instance; and (b) thus,

2. The Defendants additionally asserted that the maturity date for the first and second evidence of this case is not August 31, 2016, but August 31, 2017. However, where the authenticity of the disposal document is recognized, the court should, in principle, recognize the existence and content of the declaration of intent as stated in the disposal document, unless there is any clear and acceptable counter-proof as to the denial of the contents stated therein (see, e.g., Supreme Court Decision 2010Da58728, May 13, 201). The Defendants’ assertion that the repayment date is indicated in the first and second evidence of this case as the date of August 31, 2016, and that the date of redemption is adjacent to the date of the loan and the date of redemption cannot be viewed as any special circumstance that should be interpreted differently from the language and text. Therefore, the Defendants’ assertion cannot be accepted.

In addition, the Defendants asserted that they agreed to withdraw the instant lawsuit if only the principal is paid between the Plaintiff and the Plaintiff, but there is no evidence to acknowledge the agreement to withdraw the said exemption or lawsuit, and therefore, this part of the Defendants’ assertion is without merit.

3. In conclusion, the plaintiff's claim against the defendants is justified, and the judgment of the court of first instance is just, and all appeals by the defendants are dismissed. It is so decided as per Disposition.

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