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(영문) 부산지방법원 2015.05.08 2014가단246987
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 29, 201, the Plaintiff’s assertion and the representative director of the Defendant Company, C borrowed KRW 50 million jointly and severally from D, the Plaintiff’s husband, and after D’s death on May 17, 2014, D agreed that D’s heir inherited the said loan claim. As such, the Defendant Company is jointly and severally liable with C to repay the said loan.

2. Examining the purport of the entire pleadings in each entry in the evidence No. 1-1 and No. 1-2, the fact that D remitted KRW 50 million to the Busan Bank’s deposit account on November 29, 2011 can be acknowledged.

However, as to whether the defendant company borrowed the above money jointly with C, there is no dispute between the parties that the name of the representative director of the defendant company, which is attached to the document No. 1-1 of the document No. 1 of the defendant company, will be based on the seal of the defendant company. However, according to the witness E's testimony, E can be recognized as having affixed the seal of the defendant company on the above loan certificate. Thus, it is insufficient to recognize the fact that E was authorized to affix the seal of the defendant company to E by the testimony of the witness E, and there is no other evidence to acknowledge it.

Therefore, the evidence No. 1-2 of the above No. 1 cannot be used as evidence, and there is no other evidence to acknowledge that the defendant company borrowed the above money from D jointly with C.

Therefore, the Plaintiff’s assertion is difficult to accept without examining it.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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