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(영문) 서울동부지방법원 2019.01.10 2018가단252
대여금
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1.The following facts do not conflict between the Parties:

Both the Plaintiff and the Defendant are children of the deceased C, who are the Defendant.

B. The net C died on November 15, 2013.

2. The assertion and judgment

A. The plaintiff asserted around May 3, 2006 lent KRW 120,000,00 to the net C. Since the defendant succeeded to the net C's obligation, the defendant shall pay to the plaintiff the above KRW 120,000,000 and damages for delay calculated at the rate of 15% per annum from June 30, 2006 to the date of full payment.

B. The evidence Nos. 1 and 2 cannot be used as evidence due to lack of evidence to prove the authenticity of the evidence, and each of the evidence Nos. 3 through 5 (including paper numbers) is insufficient to admit the plaintiff's above assertion. Since there is no other evidence to acknowledge it, the plaintiff's above assertion is without merit.

Even if the seal affixed to Gap evidence 1 and 2 is the same as the seal affixed to the deceased Eul's seal, ① the plaintiff is unable to submit all financial data to recognize that the deceased's creditor paid KRW 120,000,000 to the deceased's creditor around May 2006; ② the evidence Nos. 1 and 2 contains a interest agreement of KRW 1.5% per month; ② there is no evidence to acknowledge that the plaintiff has received interest from the network C; ③ the evidence No. 1 was written on the paper after the reduction, while the evidence No. 2 was written on the paper No. 1, the evidence No. 2 was written in the blank, and the statement No. 1 stated "(C)" with the phrase "(D)" without the evidence No. 2, and the direction of sealing No. 1 and 2 was different from each other, and the plaintiff's first document submitted the original evidence No. 2 after the borrowing of the original evidence No. 2.

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