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(영문) 대전지방법원천안지원 2015.11.04 2014가단3791

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion E lent 85 million won to D on March 7, 2003.

However, D died without paying the above loan.

The Plaintiff is the transferee who received the loan claim from E and is the co-inheritors of D. The Defendants seek 42.5 million won (85 million won x 1/2) and damages for delay calculated by dividing the above loan within the scope of inherited property from D by inheritance shares.

2. The following evidence alone presented by the Plaintiff for the following reasons are insufficient to acknowledge that “E lent KRW 85 million to D on March 7, 2003,” and there is no other evidence to acknowledge this.

If Gap evidence No. 1 (Promise Promissory Notes) 1 (A) is compared with Gap's certificate No. 6-2 (Certificate No. 6-2) and the seal impression shown in the result of the fact-finding on the Fdong community service center of this court, it is presumed that the authenticity of the document is established as a whole, since the seal following D's name is recognized as being based on D's seal) cannot be proved as evidence that "E lent KRW 85 million to D on March 7, 2003."

The reasons are as follows.

① In light of the fact that a large amount of KRW 85 million is leased without any security, no interest agreement was made, and the issue date of a promissory note is more than 4 years retroactively, the statement itself cannot be trusted.

② The Plaintiff is not able to present objective financial data proving that E lends KRW 85 million to D, and the witness G and E’s testimony related to whether E lends KRW 85 million to D is difficult to believe as follows.

(3) The delivery of a promissory note, which is not a loan certificate, in a document evidencing a loan, shall be in the same way.

B. The evidence No. 2 (each note) No. 2 (each note) shall be admitted as evidence as there is no evidence to prove the authenticity of the petition.