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(영문) 대구지방법원 2020.10.07 2020나1217
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the argument of the court of first instance, and the fact-finding and judgment of the court of first instance are justified, considering the evidence submitted to the court of first instance.

Therefore, the reasoning of the judgment of this court is identical to the reasoning of the judgment of the court of first instance, except for the portion added as set forth in the following paragraph (2).

2. The addition;

A. The defendant's grounds of appeal asserted that the defendant cannot respond to the plaintiff's claim based on the loan certificate of this case since he fully repaid the debt based on the loan certificate of this case.

(B) The Defendant asserts that the loan certificate has no effect upon the completion of payment).

Judgment

1) As long as a disposal document is deemed to be authentic in its formation, the court shall recognize the existence and content of the declaration of intent by its content, unless there is any clear and acceptable counter-proof that the content in the document is acceptable (see, e.g., Supreme Court Decision 88∑12759, 12766, Nov. 27, 1990). 2) Since the authenticity of the loan certificate of this case is recognized, the Defendant’s liability against the Plaintiff according to the loan certificate of this case is recognized.

3) The defendant's assertion that he/she has the burden of proving the fact that he/she has repaid in excess of the amount of reimbursement recognized in the judgment of the first instance is insufficient to recognize it only with the evidence submitted by the defendant, and there is no other evidence to recognize it.

3. The judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit.

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