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(영문) 인천지방법원 2018.06.20 2017나60867
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 judgment of the court of first instance cited by the court of first instance is as follows, except for adding the following judgments to the judgment of the court of first instance, and thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The defendant asserts that the loan certificate of this case is false considering the fact that the plaintiff, the principal of this case, who was issued and delivered the loan certificate of this case, D is also the plaintiff's husband D in the telephone call with the defendant.

In full view of the overall purport of the arguments in evidence Nos. 7 through 9, D, in the course of making a telephone call with the Defendant, will talk with the Defendant to the effect that the loan certificate of this case was false. It is no longer possible to say that D, in the course of making a telephone call with the Defendant, it would be favorable for the Defendant that the loan certificate of this case was false. In this regard, “I think I think I would like to be a professor in Ansan-dong, and the amount the Plaintiff requested to the Defendant in relation to the Ansan-dong-dong-dong-dong-dong-dong-dong-dong-dong-related part would be directly responsible for it. Thus, it is recognized that there was a conversation between the Plaintiff and the Defendant that the Plaintiff would be responsible for it. On the other hand, it is difficult to view that the above conversation was made according to the interests of the witness D, i.e., the above conversation was made in accordance with the objective fact, and rather, it is difficult to view that D had no evidence to prove that it was false as a witness of this case.

Therefore, this part of the defendant's assertion is justified.

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