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(영문) 대법원 2015.01.29 2014다75837

대여금

Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined.

The court below, in light of the facts and circumstances stated in its reasoning, has a considerable doubt as to the fact that the Defendant’s seal affixed to the loan certificate of this case was withdrawn according to the Defendant’s will, the title holder, and thus, it is reasonable to view that the presumption of the authenticity of the loan certificate of this case was broken, and it cannot be used as evidence, and other evidence submitted by the Plaintiff alone cannot be recognized as the fact that the Plaintiff lent the claim to the Defendant. Accordingly, the court below dismissed the Plaintiff

The judgment below

In light of the relevant legal principles and records, the fact-finding and judgment of the court below are justified, and there is no violation of the rules of evidence and misapprehension of legal principles as to the authenticity of documents, as alleged in the grounds of appeal.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.