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(영문) 인천지방법원 2015.11.27 2015가합2252
증서진부확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. There is no dispute between the parties to the underlying facts, or comprehensively taking account of the overall purport of the arguments in Gap evidence No. 1, the defendant and D, who are the married couple, prepared a loan certificate in the name of C (hereinafter “the loan certificate in this case”) dated 31, 2012, KRW 70,000,000,000 on October 31, 2012, KRW 120,000,000 on June 25, 2013, and KRW 120,000,000,000 as Bank interest, and KRW 30,000,000 on June 25, 2013, stating that “A shall immediately repay interest and principal at the time of sale of real estate owned by the principal” (hereinafter “the loan certificate in this case”), and C died on June 17, 2014 (hereinafter “C”) with the deceased’s spouse, KRW 1301,014,000,00.

2. Judgment on the plaintiff's assertion

A. The Plaintiff asserted that, as the cause of the instant claim, J, K et al. conspired to deliver the instant loan certificate to the Defendant by forging the loan certificate, and that the instant loan certificate was not a true document. As to this, the Defendant asserted to the effect that the instant loan certificate was a true document after lending money to the Deceased on several occasions before the Deceased’s birth.

B. According to the evidence No. 2, although the completion of the loan of this case is not the body of the deceased, it is recognized that the completion of the loan of this case is not the body of the deceased, the following circumstances, namely, the name of the deceased and the seal of the deceased, are affixed to the name of the deceased after the loan of this case, and the loan of this case is accompanied by the seal impression of the deceased and the copy of the resident registration certificate of the deceased, which was directly issued by the deceased as of June 25, 2013, as of the date of drawing up the loan of this case.

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