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(영문) 인천지방법원 2015.09.04 2015가단22709
증서진부확인의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

The Plaintiff asserts that the Defendant and C conspired with the Defendant to forge the instant loan certificate and then, based on the instant loan certificate, the Defendant loaned KRW 35 million to C and C to D, the decedent of the Plaintiff, respectively, and sought payment from the Plaintiff. As such, the Plaintiff is seeking confirmation that the instant loan certificate was not a document duly formed.

However, in light of the Plaintiff’s assertion and the statement of the loan certificate of this case, the party who can seek the payment of the loan on March 8, 2011 is C and the Plaintiff is not the heir of the network D, and thus, the actual verification of the loan certificate of this case cannot be deemed an appropriate means to eliminate the Plaintiff’s legal status risks and apprehensions. Therefore, there is no benefit to seek the confirmation.

Therefore, the instant lawsuit is dismissed as it is unlawful.

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