약속어음금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Judgment on the plaintiff's claim
A. The Plaintiff’s assertion that around January 2013, the Plaintiff provided that C paid KRW 50 million to C in lieu of the entertainment tavern D’s entertainment tavern that C had worked for, and around that time, C provided a loan of KRW 25 million to C, and accordingly C died on April 8, 2013, and accordingly, C seeks payment of the said money to the Defendant, who is a limited heir of women, within the scope of the property inherited from C.
B. (1) As long as the authenticity of a disposal document is recognized, the court shall recognize the existence and content of the declaration of intent according to the content of the document unless there is any reflective proof, and shall not reject it without reasonable explanation. However, even if a disposal document is a disposal document, if it is recognized that there is an express or implied agreement different from the content of the document, it may recognize facts different from the content of the document, and even in interpreting the legal act of the originator, it may be freely determined as a result of free evaluation to the extent that it does not violate the empirical and
(2) In the instant case, C’s signature is written and the authenticity of the document is presumed to have been established as a whole, as the seal impression is affixed. (3) In the instant case, the Health Unit A(Promises) Nos. 1, 2 (Right of Representation), and 3 (Nos. 1, 205Da34643, Apr. 13, 2006.
However, in full view of the following circumstances, the descriptions of Gap evidence Nos. 1 through 7, Eul evidence Nos. 1, 2, and 3 (including various numbers) are insufficient to acknowledge the plaintiff's assertion.
① On September 2010, upon filing a claim for the first promissory note payment, the Plaintiff asserted that C was insufficient to have leased deposit, and that both 50 million won and 25 million won were leased in cash thereafter, and then, the Plaintiff appointed an agent, and then changed the assertion as stated in the first paragraph (a).
In addition, the plaintiff is C's.