(영문) 수원지방법원평택지원 2019.01.10 2018가합666

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(영문) 수원지방법원평택지원 2019.01.10 2018가합666

약정금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. The Plaintiff asserted that from December 2003, the Plaintiff lived with his father D (hereinafter “the deceased”) and lent money to the deceased. In this regard, the Plaintiff received a payment angle (i.e., (ii) dated February 17, 2004 and December 15, 2009 that the deceased would pay KRW 300 million to the Plaintiff immediately after living together with the deceased. As the deceased died on March 25, 2018, the Defendant, the inheritor of the deceased, is obligated to pay the Plaintiff the agreed amount in accordance with the said payment note.

2. The payment note dated February 17, 2004 and December 15, 2009 (No. 1-3 of the evidence No. 1-3 of the plaintiff) states, "ID himself is entitled to exercise this right on condition that I would be supported by the plaintiff's home, and only the plaintiff who is not his own consciousness, on condition that I would be supported by the plaintiff's home. I would pay KRW 300 million as soon as their living relationship with the plaintiff is terminated." At that bottom, D printed the name of the deceased and affixed a seal affixed by the deceased's name on the name of the deceased.

(E) On December 15, 2009, the payment angle as of December 15, 2009 is stamped, and the defendant is dissatisfied with the authenticity of each of the above payment angles. As such, the following circumstances that can be seen by comprehensively considering the overall purport of the arguments in the statement No. 1, No. 1, No. 2, and No. 3 as a whole, namely, on the part of the seal imprint of the deceased’s name affixed on the payment angle as of February 17, 2004, the portion of “E” is different from the seal imprint of the deceased’s name issued on the same date, which is not the same as the seal imprint of the certificate of the personal seal impression of the deceased’s name issued on the same date, and it appears that the seal imprint of the deceased’s name in the above payment angle as of December 15, 2009 is different from the above personal seal imprint.

유사 판례

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