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(영문) 대법원 2017.11.14 2015다12406
채무부존재확인
Text

All appeals are dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

As long as the formation of a disposal document is recognized as authentic, the court shall recognize the existence and contents of the declaration of intent in accordance with the language and text stated in the disposal document, unless there is any clear and acceptable reflective evidence to deny the contents of the statement.

In a case where there is a dispute over the interpretation of a juristic act between the parties and the parties concerned, the interpretation of the intent expressed in the disposition document shall be reasonably interpreted in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, the motive and background of the juristic act, the purpose to be achieved by the

(See Supreme Court Decisions 2002Da23482 Decided June 28, 2002; 2014Da19776, 19783 Decided February 15, 2017, etc. The lower court determined as follows.

(1) All written agreements on the assumption of an obligation made between E (creditor), Plaintiff O Co., Ltd. (formerly: B, Obligor), and G Co., Ltd. (Assumption of Obligation) and written confirmations made between F (Creditor) and Plaintiff D (debtor) were duly concluded.

The defendant's assertion that all documents in the name of the above savings bank were forged is not acceptable.

(2) In light of the content of the foregoing document, the process of preparation, and the content of the written confirmation of the repayment of loans made after the date, etc., Plaintiff CO Co., Ltd. was exempted from the obligation under the loan agreement made on December 28, 2012. Plaintiff D was exempted from the obligation under the loan agreement made on December 31, 2012.

(3) The above loan obligations of Plaintiff O Co., Ltd., A Co., Ltd., Plaintiff C’s joint and several liability, and Plaintiff D’s above loan obligations are no longer extinguished on the grounds of exempted obligation, exemption from liability, etc.

The judgment below

In light of the above legal principles and records, the judgment of the court below is justifiable.

The lower court did not exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

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