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(영문) 인천지방법원 2018.11.28 2018나4215
대여금
Text

1. The appeal shall be 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 cited in the judgment of the court of first instance is identical to the reasoning of the judgment of the court of first instance, except where the following phrases are added to the judgment of the court of first instance. Thus, it is acceptable in accordance with the main

2. The following phrases are added to the phrase "one," the third part of the judgment of the first instance, which is the fifth part.

(A) The Defendant, at the time of preparation of the first and second loans of this case, did not actually exchange the borrowed money between the Plaintiff and the Defendant. Accordingly, each of the above loans is deemed null and void due to a false conspiracy. However, such circumstance alone does not necessarily mean that each of the above loans was made by a false conspiracy, and rather, it is reasonable to deem that the Defendant agreed to pay the borrowed money according to the above loans in order to compensate the Plaintiff’s investment loss by preparing and delivering the above loan certificate to the Plaintiff who invested at one’s option and suffered loss. Therefore, the Defendant’s defense to the different purport is rejected).

3. In conclusion, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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