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(영문) 대구지방법원 2019.10.16 2019나3248
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion and judgment

A. The party’s assertion 1) On November 11, 2017, the Defendant borrowed KRW 3 million from the Plaintiff on and from November 11, 2017, with the loan certificate (No. 1; hereinafter “the loan certificate of this case”).

(2) The Plaintiff prepared and delivered the instant loan certificate to the Plaintiff. Therefore, the Plaintiff claimed against the Defendant for the payment of the said KRW 3 million and damages for delay. 2) The Defendant did not know the Plaintiff at all, and did not prepare the instant loan certificate.

Therefore, the plaintiff cannot respond to the request.

B. No. 1, which the Plaintiff asserted as a loan certificate prepared by the Defendant and submitted by the Defendant, cannot be used as evidence because there is no evidence to prove the authenticity, and there is no other evidence to prove that the Defendant borrowed KRW 3 million from the Plaintiff.

The plaintiff's assertion is without merit.

2. The plaintiff's claim for conclusion shall be dismissed on the ground that the plaintiff's claim is without merit.

The judgment of the first instance is unfair based on the conclusion different from this, and thus, the defendant's appeal is accepted and the plaintiff's claim is dismissed.

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