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(영문) 대법원 2016.01.28 2015다237175
대여금
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the relevant legal principles and records, the lower court determined that the Plaintiff and the Defendant entered into a monetary loan contract with the same contents as the instant loan certificate on the grounds stated in its reasoning, and was justifiable to have rejected the Defendant’s defense that the said monetary loan contract was not a true declaration of intention or a false declaration of intention or invalid by a false conspiracy. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine regarding the probative value of the instrument, or by exceeding the bounds of the principle

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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