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(영문) 서울서부지방법원 2019.07.11 2018가단200269
대여금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. The plaintiff's cause of the plaintiff's claim is the cause of the claim in this case. He also lent KRW 200 million to the deceased F (hereinafter "the deceased"). The defendant B, who is the wife of the deceased, was jointly and severally guaranteed. The deceased and the defendant B prepared a loan certificate of KRW 200 million as of December 13, 2013 (the evidence No. 1; hereinafter "the loan certificate in this case"). The defendant B, a joint and several surety, as the deceased's children, was liable for the joint and several surety debt amounting to KRW 20 million, and the defendant C, D, and E, a heir of the deceased's debt amounting to KRW 24,444,444 of each inheritance share of KRW 2/9 among the deceased's debt amounting to KRW 200 million.

(B) On the other hand, the Plaintiff himself/herself appears on the first day for pleading and gave money to the Deceased in cash, but he/she stated that he/she was paid money in 1994 and the loan certificate was received later). 2. The Plaintiff’s documentary evidence submitted by the Plaintiff is doubtful that the content of the documentary evidence is specific, and thus, it is doubtful that it is not true that the Deceased prepared and sent to the Plaintiff. However, as seen below, the Defendants cannot be admitted as evidence to deny the authenticity of the documentary and written evidence, and there is no evidence to acknowledge the Plaintiff’s assertion (if the Plaintiff pays a considerable amount of KRW 200 million according to the ordinary rule of experience, it is somewhat exceptional that the Plaintiff would give KRW 20 million to the Deceased in cash, and the Plaintiff stated that the loan certificate of KRW 200 million was paid to the Deceased around 1994, and that the Plaintiff’s documentary evidence submitted by the Plaintiff was prepared as evidence No. 1213, Dec. 13, 2013 (the Plaintiff’s documentary evidence).

“A”, “A” and “B”, the part of the Defendant B’s “B.......”.

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