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(영문) 부산지방법원 2016.01.08 2015나7067
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. Determination as to the cause of claim

A. In full view of the facts of recognition as to Gap 1, 2, 4, 6, and 8 (including serial numbers if available; hereinafter the same shall apply), the result of each order to submit financial transaction information to the Busan High Credit Cooperative at the first and the first instance court, and the whole purport of pleadings, the plaintiff lent 20 million won to the defendant and the defendant's wife on March 28, 1997. ② The plaintiff and the defendant, on October 2, 2006, borrowed 10 million won to the defendant (hereinafter the above loan of this case) from 2000 won to 30% of the above loan of the loan of this case (the above loan of this case was transferred to the plaintiff on July 20, 2008; 2000 won to the above loan of this case; 30% of the loan of the loan of this case from 200 won to 30% of the loan of this case; and 30% of the loan of this case from 2008.

B. In a case where the authenticity of a judgment document is recognized, the existence of a juristic act in its content must be recognized unless there are any special circumstances to the contrary, even if the existence and content of the declaration of intent indicated in the document are clear and acceptable (see Supreme Court Decision 2000Da38602, Oct. 13, 200). Examining the above facts of recognition in accordance with the above legal principles, the said declaration of intent shall be established.

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