logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.08.27 2013다19151
대여금
Text

All appeals are dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

1. As to the ground of appeal on the primary claim

A. In light of the purport of the entire pleadings and the result of the examination of evidence, the court shall determine whether the assertion of facts is true in accordance with logical and empirical rules on the basis of the ideology 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 the facts duly determined by the

(Article 432 of the same Act). On the grounds of a written judgment, a judgment on allegations by parties and on other means of offence and defense shall be indicated to the extent that it is possible to recognize that the text is justifiable, and no judgment on all allegations by parties or methods of offence and defense shall be required.

(Article 208 of the Civil Procedure Act). Therefore, even if a court’s ruling does not state a direct judgment on the matters alleged by the parties, if it is possible to find out that the parties have cited or rejected such assertion in light of the overall purport of the reasons for the judgment, it cannot be deemed an omission of judgment. Even if a court’s ruling was not yet made, if it is obvious that such assertion would be rejected, it cannot be said that there

(See Supreme Court Decision 2006Da218 Decided July 10, 2008, and Supreme Court Decision 2011Da87174 Decided April 26, 2012, etc.) B.

The lower court determined that the Plaintiff’s primary claim was as follows on the grounds indicated in its reasoning.

(1) (A) No. 2 (a) cannot be admitted as evidence because the authenticity is not recognized, and the remaining evidence submitted by the Plaintiff alone is insufficient to recognize that the father of the Defendants was entitled to enter into the loan agreement of this case on behalf of the Plaintiff and the Defendants. (b) The Defendants raised funds for capital increase for the purpose of capital increase of H Bank (hereinafter “H Bank”).

arrow