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(영문) 서울중앙지방법원 2020.08.28 2019나74258
대여금 청구의 소
Text

1. All appeals by the Defendants against the Plaintiff are dismissed.

2. The costs of appeal are assessed against the Defendants.

purport.

Reasons

1. The grounds for appeal by the Defendants cited in the judgment of the court of first instance are not significantly different from the allegations in the judgment of the court of first instance, and even if each evidence submitted to the court is presented at the court of first instance, the fact-finding and judgment in the judgment of the court of first instance are recognized as legitimate even if they are based on the evidence presented to the court of first instance (the question of interpretation of the parties’ intent as to the assumption of obligation is the overlapping of obligation, and if it is unclear whether the obligation is discharged or the overlapping of obligation is acquired in the assumption of obligation, it shall be deemed that the Defendants take over the overlapping of obligation, and there are special circumstances that should be deemed as the assumption of obligation in the discharge of obligation, and the burden of proving that there is a special circumstance that the obligation should be assumed as the assumption of obligation (see, e.g., Supreme Court Decision 2015Da30596, Sept. 24, 2015).

2. In conclusion, the judgment of the court of first instance is just, and since the defendants' appeal against the plaintiff is without merit, all of the appeals are dismissed. It is so decided as per Disposition.

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