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(영문) 전주지방법원 2020.01.23 2019가단21356
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. On February 21, 2015, the Plaintiff asserted that the Defendants lent KRW 45 million to the Defendants, and submitted the Plaintiff’s certificate of borrowing on February 21, 2015, stating that the Defendants borrowed KRW 45 million from the Plaintiff.

In light of the following facts: “The borrower” as stated in No. 1’s name and resident registration number are written in each Defendant’s “(person)” and each Defendant’s signature is affixed to each name; however, the Defendants’ resident registration number as indicated in the above loan certificate was not submitted, and there is no other evidence to prove that the above name or signature was made by each Defendant; thus, it is difficult to recognize the authenticity of the above loan certificate; and there is no objective evidence to prove that the Plaintiff paid KRW 45 million to the Defendants on February 21, 2015, such as financial transaction details, etc., the documents submitted by the Plaintiff are insufficient to acknowledge the fact of lending the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's assertion cannot be accepted.

2. The plaintiff's claim against the defendants is without merit, and all of them are dismissed. It is so decided as per Disposition.

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