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(영문) 창원지방법원 2019.07.26 2018나59844
임대차보증금반환 등
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 reasons why the court should explain by the court of first instance for the acceptance of the judgment are as follows: (a) addition to the judgment on the defendant's argument in this court; and (b) addition to the evidence additionally submitted by the defendant which lacks to recognize the defendant's argument, the reasons why the court of first instance does not dismiss each description of evidence No. 20 to No. 32; and (c) therefore, they are cited in accordance

(2) The court below's finding of facts and determination of the first instance court is justifiable in light of the evidence submitted by the defendant to this court, and there is no error as alleged in the ground of appeal by the defendant). 2. Additional determination is made

A. The Defendant’s assertion that the Defendant: (a) committed suicide at around 2015 by his mother-friendly G, and had been receiving mental treatment due to his own mental shock; (b) concluded the instant agreement (Evidence A2) with the belief that the Plaintiff would have to write down a note and live together; and (c) thus, the agreement is null and void as it is a juristic act that has considerably lost fairness due to the Defendant’s poverty and rashness.

B. In light of the background leading up to the preparation of the instant agreement, the content and progress of the obligation, the relationship between the Plaintiff and the Defendant, the occupation and age of the Defendant, etc., which can be known by the evidence submitted by the Defendant and the Defendant, it is insufficient to recognize that the Defendant’s expression of intent to bear the obligation under the instant agreement constitutes an act of significantly losing the fairness due to the Defendant’s death or rashness, and there is no other evidence to acknowledge it.

The defendant's above assertion is without merit.

3. In conclusion, the judgment of the first instance is just, and the defendant's appeal is dismissed.

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