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(영문) 부산지방법원 2019.02.20 2018나52969
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 reasoning of the judgment of the court of first instance is as stated in the part concerning the reasoning of the judgment of the court of first instance, except for adding the following two paragraphs, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act. 2. Additional part 2.

A. The defendant's assertion (1) did not borrow the money stated in the loan certificate of this case, and the plaintiff unfairly seeks the money subrogated to a third party, so it cannot respond to this. (2) The defendant agreed to repay the real estate owned by C on the condition that profits will accrue from a normal sale of the real estate, but it was disposed of by auction, and thus the above agreement becomes invalid.

Judgment

(1) The plaintiff added the claim under the agreement at the trial of the court. The defendant is obligated to pay the money stated in the loan certificate of this case for illegal consideration, regardless of its name, unless it is illegal consideration, and there is no reason to believe that the agreement is revoked or nullified in this case. Thus, the above argument is without merit. (2) The above argument is without merit, since there is no evidence to prove that the conditions of the defendant's assertion at the time of the preparation of the loan certificate of this case were the contents of a juristic act. Thus, the plaintiff's claim is without merit. Thus, the judgment of the court of first instance is just, and the defendant's appeal is dismissed. It is so decided as per Disposition by the assent.

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