대여금반환
1. All claims filed by the Plaintiff (Appointed Party) and the Appointed C are dismissed.
2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).
1. The plaintiff is the father of the selected person C.
In 2007, the designated parties C are the parties who were married with the defendant's father D before 2007.
The designated parties C and D resided in New Zealand from around 2007 after marriage in 2007, and the defendant and wife lived with the designated parties C and D around 2008.
The designated parties C have left New Zealand on December 2012 and returned to the Republic of Korea. From that time, the designated parties C and D are under separate occupation.
[Ground of recognition] Facts without dispute, Gap evidence 7, 9, 11 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the claim by the Appointor C
A. Since Party C, the cause of the claim, from May 9, 201 to December 7, 2012, lent KRW 75,242,300, a sum of 23 times to the Defendant, the Defendant is obligated to pay the Appointor C the borrowed amount of KRW 75,242,30, and the delay damages.
B. 1) As shown in the Plaintiff’s assertion, whether the authenticity of the evidence No. 1 (a written agreement on the repayment of rent) is recognized or not is recognized. According to the appraiser F’s written appraisal result, the appraiser F’s each of the appraisal records reveals that the appraiser F is identical with the evidence No. 1 (a written agreement on the repayment of rent) and the evidence No. 1 (a) and title No. 1 (a) are identical to the English document “IOU” (hereinafter “written evidence No. 1, etc.”).
(B) under the name of the Defendant, indicate “G” (the name (name) B of the Defendant’s name) as “ English initial H” and add the Defendant’s sex to one of the Defendant’s names.
[] Comparing the writing and the writing of evidence Nos. 1-1, 2, and 3 and the defendant's writing as shown in the defendant's writing, it is recognized that the appraiser's opinion to the following purport is presented. 4. The appraiser's opinion (a signature as indicated in evidence No. 1, etc. is simple but flexible and personal characteristics is a signature, and the defendant's usual signature is a partial change as stated in the end of the document, but it is also a written signature.