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(영문) 서울중앙지방법원 2015.06.18 2014나47954
대여금
Text

1. Each appeal by the Defendants is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the entry of this case by the court in this case are as follows: (a) deleted “not later than December 31, 2009” from “not later than December 31, 2009”; and (b) removed “ September 16, 201” from “ September 16, 201,” from “ September 16, 201,” and (c) admitted from “the reasoning for the judgment of the court of first instance” under the main sentence of Article 420 of the Civil Procedure Act, except for the addition of the following judgments as to the matters alleged in the trial by the Defendants, as stated in the reasoning for the judgment of the court of first instance.

2. Additional matters to be determined;

A. 1 Determination as to the assertion of invalidity due to false conspiracys) The contract under which the Defendant Company, on October 30, 2008, borrowed KRW 5.2 billion from A on the part of October 30, 2008 (hereinafter “instant loan contract”).

(2) In order to establish a false declaration of agreement, a third party’s signature and seal on the loan-related documents, such as the agreement for lending money, the third party himself/herself indicates the debtor of the loan for consumption to the financial institution, and the third party intended to obtain a loan from a third party under the name of the third party by avoiding the provision on credit restriction, etc. set forth by the financial institution and allowing the third party to use the loan under the third party’s name.

Even if the principal and interest are to be repaid at the expense of another person, barring any special circumstance, this is merely an intention to vest economic effects under a loan for consumption to another person, and the legal effect cannot be deemed to be an intention to vest in another person. Therefore, the intention and indication of a third party is not sufficient.

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