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(영문) 대전지방법원 2016.07.22 2015나108664
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

The reason why the court should explain this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment of the defendant to the new argument made in the court of first instance as follows. Thus, this is cited by the main text of Article 420 of the Civil Procedure Act as it is.

The defendant at the time of preparing the evidence Nos. 1 and 2 (Evidence), and C is not the representative of the defendant. Thus, the loan contract for consumption based on each of the above loan certificates is invalid for the defendant. However, if the statement No. 5 and the testimony of the witness C of the first instance trial added the purport of the whole pleading, it is recognized that C was the defendant's representative at the time of preparing the above loan certificates, and there is no counter-proof, and the defendant's assertion is without merit.

Thus, the plaintiff's claim is justified, and the judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit.

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