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(영문) 서울고등법원 2016.06.24 2015나2055319
대여금청구 등의 소
Text

1. All appeals by the Defendants are dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the judgment of the court of first instance, except for the addition of the following two cases, and thus, it shall accept it by the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. Defendant B asserts that Defendant B is a party to a monetary loan contract between the Plaintiff and the obligor’s name is a monetary loan contract or loan certificate under his own name is a false declaration of agreement.

The following circumstances recognized by the above facts and each of the above evidence are stated as Defendant B and joint guarantor C in each monetary loan contract or loan certificate, and Defendant B affixed a handbook to the Plaintiff as the principal debtor on August 25, 2009, on the loan certificate (Evidence A 1) of KRW 500 million on August 25, 2009, attached with a loan certificate issued by Defendant B on August 25, 2009, attached with a loan certificate issued by Defendant B, “for attaching a loan certificate issued on August 25, 2009,” and C was stated as “for attaching a loan certificate to K” in the remarks column of the certificate of personal seal impression issued directly by the Defendant B, respectively, and C was stated as the debtor B and the lender of KRW 2015,500,000 on August 20, 209 and August 54, 2009 as the joint and several surety.

“The Plaintiff’s statement to the effect that KRW 4150,00 and KRW 152,000,000 from the Plaintiff’s loan to K was paid to I through the bank account in the name of Defendant B, which was used in returning the purchase price following the cancellation of the sales contract of the instant land between Defendant B and I. As to the instant land, the ownership transfer registration has been completed on March 17, 2010; Defendant B completed the ownership transfer registration under Defendant B’s name; Defendant B completed the ownership transfer registration on the land indicated in attached list 1,2, and 3 in order to secure the loan on January 10, 2013; Defendant B completed the registration of the Plaintiff’s claim for ownership transfer; Defendant B paid KRW 10,000,000 out of the loan loan to the Plaintiff on November 21, 2013; and Defendant B and Defendant B concluded a false loan agreement or a false loan agreement between each of the Plaintiff and the Defendant.

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