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(영문) 대구고등법원 2016.10.12 2016나22678
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. As to the grounds asserted by the Defendants in the trial of the first instance while filing an appeal, the first instance court’s determination rejecting the Defendants’ assertion is justifiable even if both the evidence submitted in the first instance trial and the description of the evidence No. 13 submitted in the trial were examined.

Therefore, the court's explanation on this case is based on the reasoning of the judgment of the court of first instance, which is the "transfer to the Defendant B's account" in the second place of the judgment of the court of first instance, and the Defendants transferred the claim in the trial to the Defendant Company's account. The reasoning of 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 judgment as stipulated in the following paragraph (2). Thus, it is acceptable as it is

2. Additional determination

A. Defendant B’s assertion 1) did not have the right of representation from Defendant B on the instant loan certificate. Defendant B’s individual map is affixed and sealed in the column for the borrower of the instant loan certificate without obtaining the right of representation from Defendant B. 2) Even if Defendant B duly obtained the right of representation from Defendant B and affixed Defendant B’s individual map on the instant loan certificate, Defendant B merely affixed and sealed Defendant B on his behalf as the representative director of the Defendant company. Thus, Defendant B is not liable as the principal debtor of the instant loan certificate.

B. As to the first argument of the Defendants 1, there is no dispute that the following stamp image after Defendant B’s name of the borrower column of the instant loan certificate was by Defendant B’s personal intent. Thus, the authenticity of the entire document as to the instant loan certificate is presumed to have been established. On the other hand, there is no evidence to prove the Defendants’ assertion that F affixed Defendant B’s personal intent.

Rather, in full view of the statement No. 4-1 and the testimony of witness E of the first instance trial, the defendant is fully aware of the purport of the entire pleadings.

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