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(영문) 창원지방법원 2019.07.11 2018나58858
대여금
Text

1. The defendants' appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, and thus, citing the same as it is in accordance with the main sentence

However, the following judgments are added to the arguments emphasized or added by the defendant in this Court.

2. The Defendants asserts to the effect that D could not respond to the Plaintiff’s claim on the ground that the Plaintiff knew or could have known of the aforementioned deception by deceiving the Defendants, and that it constitutes fraud under Article 110(2) of the Civil Act.

However, only the evidence submitted by the Defendants was that D deceiving the Defendants.

It is insufficient to find that the plaintiff knew or could have known the fact, and there is no other evidence to prove it, so the defendants' assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is justified. Thus, the defendants' appeal is dismissed as it is without merit. It is so decided as per Disposition.

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