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(영문) 서울중앙지방법원 2019.08.22 2018나63244

대여금 등

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons for the entry in this case by the court of first instance concerning the "1.9 million won" in the 4th and 6th of the judgment of the court of first instance are as follows: the "1.9 million won" in the 4th and 6th of the judgment of the court of first instance is deleted from the "19.9 million won" in the 6th to the "10.0 million won" in the 7th and the "10th and fourth" in the 10th and then the following paragraphs were added to the "15th and fifth" in the 10th and the 17th "Evidence No. 27 of the 10th and the 17th "Evidence No. 35 of the A. 17" are the same as the reasons for the judgment of the court of first instance, and thus, they are cited

[Supplementary part] “The Plaintiff discovered A’s No. 35 (G. 35) from the date of the first instance trial, and submitted it as evidence. The health class Plaintiff submitted the instant loan certificate while submitting a preparatory document as of June 24, 2019 after three years and seven months have elapsed from the date of the filing of the instant lawsuit. The loan certificate is to confirm that “the interim amount of money settled in the middle of the settlement of accounts with respect to the business of purchasing and selling real estate from January 1, 2006 to August 5, 2010” was KRW 20,000,000 and to pay it until November 30, 2010.

In light of the purport that the Plaintiff’s assertion, “The instant loan certificate was held on August 5, 2010 at the time when the Plaintiff prepared the instant loan certificate and the instant proxy certificate (if the Plaintiff asserted, the instant investment agreement is not yet prepared). It is difficult to find any special reason to specify only the contents of the instant officetel, and the certificate of personal seal impression attached to the above loan certificate cannot be ruled out that the Plaintiff requested the Defendant as necessary for real estate sale and received and kept by the Defendant, one of the multiple personal seal impressions issued by the Defendant, and the possibility that the said loan certificate was arbitrarily prepared while the Plaintiff received and kept by the Defendant cannot be admitted as evidence.

2. Conclusion, ..