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(영문) 청주지방법원 2020.05.27 2019가단29976
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 20, 2007, the Plaintiff asserted that on December 31, 2012, the due date for repayment of KRW 42 million between the Defendant and the Defendant: (a) the Plaintiff prepared a loan certificate with a interest rate of KRW 20% per annum; (b) the Defendant paid KRW 10 million in cash; and (c) the Defendant lent KRW 32 million in total by means of remitting the amount to the account in the name of the C in which the Defendant requested to grant a loan of KRW 42 million.

2. The Plaintiff, as evidence consistent with the above lending facts, submitted a loan certificate (Evidence A No. 1), but the Defendant asserted that the above document was forged and denied its authenticity, and the Plaintiff also holds the name, resident registration number, and address of the Defendant stated in the above loan certificate as the Plaintiff’s written fact, not the Defendant’s written statement, and thus, it is difficult to recognize the authenticity of the above loan certificate as the Defendant did not have the signature, and there is no other evidence to acknowledge the authenticity of the above disposition document.

Therefore, the evidence No. 1 cannot be used as evidence to acknowledge the Plaintiff’s loan to the Defendant since the authenticity is not recognized, and the evidence No. 2 is insufficient to recognize it, and there is no other evidence to acknowledge the above loan. Thus, the Plaintiff’s assertion is without merit.

3. The plaintiff's claim is dismissed as it is without merit.

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