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(영문) 대전지방법원 2019.09.27 2018나12504
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

[Claim]

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are written by the court below, and except for the addition of “2. additional judgment” as to the Defendant’s assertion added by this court, the following grounds for the judgment of the court of first instance are as follows. Thus, this is acceptable pursuant to the main sentence of Article 420 of the Civil Procedure Act

3 15,16 lines shall be deleted.

4 The phrase, “ October 18, 2012,” of the 4th line, is regarded as “ October 8, 2012,” respectively.

4 The term "witness" of the 4th line shall be read as "the first instance court witness".

2. Additional determination

A. The defendant alleged that he did not borrow money from the plaintiff, but prepared the loan certificate and notarial deed of this case for the restoration of relationship with the plaintiff.

Therefore, this is an expression of intention that is not true, and since the other party or the plaintiff's agent D knew or could have known such circumstances, the above loan certificate and the notarial deed are null and void.

B. Even if the evidence presented by the Defendant added the result of the Plaintiff’s principal examination, it is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it, and the above assertion is not accepted.

3. Conclusion, the first instance judgment is justifiable, and the defendant's appeal is dismissed.

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