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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
Plaintiff
The summary of the argument from 1970 to 1970, the Plaintiff borrowed 100 million won or more from the Plaintiff for the purpose of business funds, marriage funds, etc., and the Deceased continuously urged the deceased to repay the said money, but the Deceased continued to do so, and on April 12, 2010, the Plaintiff agreed that “the Plaintiff was paid KRW 60 million from the Deceased, and at the same time the Plaintiff was exempted from all the deceased’s obligations.”
Therefore, according to the above agreement, the Defendants, the deceased’s inheritors, are obligated to pay to the Plaintiff the amount according to their respective inheritance shares out of the above KRW 60 million [Defendant B 24,714,285 won (= KRW 60 million x less than KRW 3/7), Defendant C, and D 17,142,857 won (= = KRW 60 million x less than KRW 2/7, and less than KRW) and delay damages therefrom].
Judgment
The plaintiff presented a letter of agreement (Evidence A No. 7-1) and a loan certificate (Evidence A7-2) as evidence that there was an agreement between the deceased and the deceased as alleged in the plaintiff.
The term “contestator” and “the borrowed seal” of the above letter of agreement refers to the name, resident registration number, and address of the deceased in the same word, and the seal of the deceased is affixed to the name next thereto.
As to this, the Defendants dispute that the stamp image affixed on the deceased’s name is not based on the deceased’s seal. The entries of No. 10 (including the stamp number) alone are insufficient to recognize that the stamp image on the deceased’s name affixed on the above agreement letter and the loan certificate is based on the Defendant’s seal, and there is no other evidence to acknowledge that it is based on the Defendant’s seal.
Therefore, the above agreement acceptance and loan receipt cannot be used as evidence because there is no evidence to acknowledge the authenticity.
Other evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff agreed with the Deceased as alleged by the Plaintiff, and there is no other evidence to acknowledge it otherwise.
Therefore, the plaintiff's above assertion is not accepted.
In conclusion, the plaintiff .