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(영문) 광주지방법원 2017.11.01 2017나54370
부당이득금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. On June 9, 2015, the Plaintiff’s husband and the Defendant’s son, who were the Plaintiff’s husband and the Defendant’s son died, and the Defendant indicated that C was drafted on April 28, 2014 by the Defendant, and demanded the Plaintiff to repay KRW 50 million borrowed from the Defendant, and the Plaintiff believed that each of the above books was made true, and paid KRW 50 million to the Defendant on September 2, 2015, but each of the instant forms was forged by the Defendant.

The plaintiff paid KRW 50 million to the defendant by deceiving the defendant as a forged letter, which is revoked.

Therefore, the defendant is obligated to pay to the plaintiff the amount of 50 million won and damages for delay.

B. The Defendant did not present the letter of this case to the Plaintiff and did not demand repayment of KRW 50 million.

The plaintiff was aware of the fact that C borrowed money from the defendant, and even if the death insurance money of C was paid to the plaintiff several times, C would pay the money borrowed by C. The plaintiff paid KRW 50 million to the defendant in order to implement the repayment promise, and the defendant did not have forged the letter of this case.

2. Determination

A. According to the result of the appraiser E’s appraisal of the stamp image, it is recognized that the stamp image of C affixed with the A’s stamp image affixed with the A’s stamp image affixed with the A’s stamp image affixed with the A’s stamp image attached with the A’s 5-5, as alleged by the Plaintiff, it is difficult to view C as not using any other stamp other than the stamp on which the stamp image attached with the A’s stamp image attached with the 5-5, as alleged by the Plaintiff, and it is insufficient to recognize the fact that each of the instant

B. In addition, the Plaintiff believed that each of the instant notes was duly prepared, as the Defendant presented the instant notes to the Plaintiff and demanded C to repay KRW 50 million borrowed by C.

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