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(영문) 부산지방법원 2014.06.13 2012가단77217
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

First, the Plaintiff alleged that he lent KRW 50 million to the Defendant on January 25, 201. As such, there is no dispute between the parties that the stamp image attached to the Defendant’s name, which is the document No. 1 (the document No. 1) is based on the Defendant’s seal, but on the other hand, there is no dispute between the parties that the Defendant’s mother C affix his seal to the Defendant’s name. Thus, unless there is any evidence to prove that C had the authority to affix the Defendant’s seal, the above document No. 1 cannot be used as evidence, and there is no other evidence to acknowledge the above assertion merely based on the statement No. 3 and No. 5-1 through No. 6, and there is no other evidence to acknowledge it. Accordingly, the Plaintiff’s assertion in this part is not acceptable.

Meanwhile, the Plaintiff asserts that C borrowed KRW 50 million from the Plaintiff on behalf of the Defendant, but there is no evidence to acknowledge that the Defendant granted C the right of representation for borrowing KRW 50 million to the Plaintiff. Therefore, the Plaintiff’s assertion on this part cannot be accepted.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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