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(영문) 서울고등법원 2017.06.14 2017나2016998
채무부존재확인
Text

1. All appeals filed by the plaintiffs are dismissed.

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

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court of first instance’s admitting this judgment is as stated in the reasoning of the judgment of the first instance, except for the following: (a) additional determination of the party’s assertion submitted in the court of first instance; or (b) partial dismissal of the reasoning of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be dried;

A. The part of "Evidence 7, 8, and 17 of the judgment of the court of first instance" No. 6 of the judgment of the court of first instance shall be added to "Evidence 4, 7, 8, 17 of the judgment of the court of first instance".

B. In light of the first instance judgment No. 16 and the first instance judgment No. 15, the following should be added.

Around November 5, 2013, Plaintiff B was prepared and delivered a loan certificate (Evidence 4-2) to the effect that “The settlement of accounts out of KRW 2800,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

3. Additional determination

A. (1) Determination as to the assertion of false conspiracy (1) The second loan of this case, which was borrowed from the Defendant under the name of the Defendant in the name of Plaintiff A’s assertion, was made by G to cover the purchase price of the land of this case, and the O, an employee of the Defendant, knowingly known such circumstance, was made to G and actually made a loan to G, but was prepared with the intent to not be responsible to the lender in order to avoid the provision of the same lending limit to G, and thus, the second loan contract of this case constitutes a false conspiracy and thus null and void.

(2) 판단 ㈎ 통정허위표시가 성립하기 위해서는 의사표시의 진의와 표시가 일치하지 아니하고 그 불일치에 관하여 상대방과 사이에 합의가 있어야 하는데, 제3자가 금전소비대차약정서 등 대출관련 서류에 주채무자로서 직접 서명ㆍ날인하였다면 제3자는...

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