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(영문) 서울고등법원 2018.11.09 2018나2014234
물품대금
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. The reasoning of the judgment of the court of first instance citing this case is as follows, except for additional determination as to the defendant's assertion as to this case, and thus, the reasoning of the judgment of the court of first instance citing this case is identical to that of the court of first instance.

2. Additional determination

A. The gist of the Defendant’s assertion is that the instant contract aims to provide funds to the Plaintiff via the Defendant by reducing the funds of Egypt (hereinafter “E”) using a A lifelong membership system that does not actually exist and thereby becomes null and void as it constitutes a false declaration of conspiracy.

B. Determination 1) In order to establish a false declaration of intent, there must be an agreement between the other party and the other party as to the inconsistency. However, even if a person, who directly affixed his/her signature and seal on loan-related documents, such as a written agreement for lending loans, has indicated that he/she is the debtor under the loan-related contract, and even if he/she intended to avoid the provisions such as lending restrictions, etc. and intended to allow other persons to use it or to repay the principal and interest thereof at the expense of other persons, barring any special circumstance, such agreement is merely an intention to vest economic effects under the loan-related contract, and the legal effect cannot be deemed as an intention to vest in other persons, and thus, it is difficult to deem that there is a disagreement between the truth and indication. In order to recognize the existence of special circumstances that may be deemed as a disagreement between the intention of expression of intent and indication, the legal effect of the loan-related loan-related shall belong to the actual borrower and the person who indicated as the debtor shall be positively proven that there was an agreement or understanding that the debtor did not bear his/her liability (see, etc.

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