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(영문) 부산고등법원 2015.11.19 2015나2492
대여금
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 court's explanation of this case in this court is as follows: the witness of the first instance court's 4, 2, and 18 of the first instance court's 4, 2, and 18 of the first instance court's 'the witness of the first instance court' is used as "the witness of the first instance court'; Eul's 9 of the first instance court's 9 and the witness of the first instance court's Ha's H's testimony are insufficient to recognize that the loan certificate of this case was prepared by means of a false agreement or a false indication as additional evidence submitted in the first instance court's 'the second instance court's 's 'the witness of the second instance court's 'the second,

2. Additional determination is that the Defendant did not actually borrow KRW 120,00,000 from the Plaintiff, and the loan certificate of this case was made by means of a conspiracy or a false declaration, and the Defendant paid KRW 75,00,000 to the Defendant on behalf of the Defendant in lieu of the Plaintiff’s request that had long maintained friendship. Thus, the Defendant asserts that the Defendant did not have a duty to pay the remainder of KRW 45,00,000 to the Defendant. Thus, the Defendant’s above assertion was based on the premise that the loan certificate of this case was made by a conspiracy or a false declaration, and as seen earlier, it cannot be deemed that the loan certificate of this case was made by the conspiracy or a false declaration. Therefore, the Defendant’s assertion is without merit.

3. As such, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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