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(영문) 부산지방법원 2018.03.23 2016가단31684

채무부존재확인

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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Plaintiff (Counterclaim Defendant) is entitled to KRW 45,695,382 against the Defendant (Counterclaim Plaintiff).

Reasons

1. The following facts are presumed to be true: (a) No. 1 of the document is presumed to have been authentic, since there is no dispute over the part of the Plaintiff’s seal impression of the debtor’s column and the guarantor’s column; (b) the document is forged by the Defendant; (c) the Plaintiff’s assertion that the document is a document made by copying and editing the Plaintiff’s signature and seal among the car sales contract (Evidence No. 2) signed and sealed by the Plaintiff at the Defendant’s request; (d) the witness C’s testimony as corresponding thereto is difficult to believe, and is the Plaintiff’s spouse, and has the right to refuse to take an oath after attending the third day for pleading and exercising the right to refuse to take an oath. According to the reasoning of the above, it is difficult to acknowledge the Plaintiff’s signature and seal of each signature and seal indicated on the debtor’s column and guarantor’s column, and the subsequent signature and seal was affixed by the Plaintiff’s signature and seal affixed to the Plaintiff’s signature and seal affixed to the Plaintiff’s entire document without any objective consent to the Plaintiff’s signature and seal affixed No. 1 of the above.