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(영문) 서울북부지방법원 2015.09.02 2014가단39128
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of premise;

A. On January 7, 2014, C transferred to the Plaintiff, a creditor of C, a claim of KRW 30 million out of the claim for drug price with D on January 7, 2014.

B. On the same day, D and the Defendant delivered to the Plaintiff a written statement of transfer and takeover of claims and obligations (Evidence A1) and a written statement of payment (Evidence A4) under the name of the Defendant with the purport that “D and the Defendant jointly and severally pay KRW 30 million to the Plaintiff, out of the amount to be paid to C by March 31, 2014.”

C. D and the Defendant were married at the above temporary border, but the agreement was married around September 5, 2014.

[Ground of recognition] Facts without dispute, Gap 6 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff sought the payment of the transfer money to the defendant based on the evidence Nos. 1 and 4, and the defendant asserts that the name and seal of the defendant among the evidence Nos. 1 and 4 are forged.

B. According to the evidence Nos. 94Da31549, Nov. 8, 1994) and the evidence Nos. 4-1 to 3, 1994, where the other party contests the authenticity of the judgment document, the presenter must prove it (see, e.g., Supreme Court Decision 94Da31549, Nov. 8, 1994). The evidence submitted by the Plaintiff is insufficient to recognize that the name and seal of the name of the defendant among the evidence Nos. 1 and 4 are affixed to the defendant, or that the statement and seal are affixed by the defendant's intent, and there is no other evidence to prove it.

Therefore, among the evidence Nos. 1 and 4, the part of the name and seal affixed to the defendant's name cannot be used as evidence since the authenticity is not recognized. Thus, the plaintiff's claim based on this cannot be justified.

3. The plaintiff's claim is dismissed.

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