logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2019.04.19 2018나2047289
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons to be indicated in the judgment of the court of first instance for the acceptance of the judgment are inconsistent with the truth and indication of the declaration of intention in order to establish a false conspiracy mark, and there is an agreement with the other party as to the inconsistency (Supreme Court Decision 98Da17909 delivered on September 4, 1998). As the Defendant asserts, even though the Plaintiff’s employee D is the real representative director of the company B, and the Defendant is merely a “babb president”, it is insufficient to readily conclude that there was an agreement between the original and the Defendant on the inconsistency with the truth and indication of the declaration of intention of this case, and there is no evidence to prove otherwise.

In addition to adding "A", evidence submitted at the trial (Article 420 of the Civil Procedure Act shall be cited as it is, even if considering the evidence No. 7-1, 2, etc. of the evidence submitted at the trial, since it is the same as the reasoning of the judgment of the first instance.

2. If so, the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed.

arrow