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(영문) 인천지방법원 2017.10.13 2016가단50763
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff filed a claim against the defendant for the loan of this case on May 2012 on the basis of the payment note of KRW 80 million. It is recognized that "the defendant and the plaintiff maintained a claim relationship over several times from October 2006 to May 2012, and the defendant stated that "the plaintiff will pay the principal and interest of KRW 80 million to the plaintiff."

However, the above payment note has only the Plaintiff’s seal affixed, but does not have the Defendant’s signature or the Defendant’s seal affixed.

Therefore, there is no evidence to acknowledge the authenticity of the above payment, and there is no other evidence to acknowledge the plaintiff's assertion, so the above assertion by the plaintiff is without merit.

(The proxy form submitted by the Plaintiff along with the letter of payment shall bear the Defendant’s seal. However, the date of preparation is different from the date of preparation of the letter of payment on November 10, 2009, and the content is also to delegate the Defendant’s claim related to the construction site to the Plaintiff, and thus, it cannot be deemed that the letter of payment and the power of delegation have been prepared for the same purpose. Therefore, the said letter of delegation cannot be deemed as materials to recognize the authenticity of the letter of payment. Accordingly, the Plaintiff’s request is dismissed and it is so decided as per Disposition

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