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(영문) 인천지방법원부천지원 2014.01.22 2012가단44923

채무부존재확인

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion did not receive a loan of KRW 13,00,000 from the Defendant with a mutual-aid security loan on February 10, 2009. Thus, the Plaintiff did not have a debt of KRW 13,00,000 against the Defendant on February 10, 209, and there does not exist interest obligations.

2. Determination

A. Gap's evidence Nos. 1 through 4 (the plaintiff's evidence Nos. 1 through 4) is consistent with the plaintiff's request for a loan from the defendant's employee C to obtain a loan from the defendant; however, as the loan is no longer necessary, Eul made use of each of the above documents without the plaintiff's permission. However, as long as the plaintiff sign and affixes his seal on each of the above documents without the plaintiff's permission, the authenticity of each of the above documents is presumed, and there is no evidence to prove that the plaintiff's destruction of each of the above documents to C or C arbitrarily used each of the above documents. Thus, the plaintiff's assertion is not accepted, Eul's evidence Nos. 1 and 2 (the whole document's signature and seal No. 1) as 00, 200, 300, 100, 200, 300, 100, 200, 200, 300, 190, 200, 2000, 301.