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(영문) 대법원 2016.04.15 2014다225069
보증금
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

The lower court rejected all of the Defendant’s assertion that the guarantee relation under the second credit guarantee contract is not constituted due to the violation of the terms and conditions, etc., or that the third and fourth credit guarantee contract is revoked on the ground of mistake, etc., and cited the Plaintiff’s claim for the instant security deposit.

The judgment below

Examining the reasoning in light of the record, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal principles, such as interpretation of terms and conditions or cancellation of a contract, without exhaust all necessary deliberations, contrary

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

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