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(영문) 의정부지방법원 2019.07.19 2018나5653
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Plaintiff asserted that, based on the evidence No. 1 (Evidence), the Plaintiff loaned KRW 10 million to the Defendant on March 31, 2016, based on the evidence No. 1 (Evidence), the Plaintiff claimed against the Defendant for payment of the above loan amounting to KRW 10 million and damages for delay.

In this regard, the defendant did not borrow money from the plaintiff, and the above evidence No. 1 (Evidence No. 1) was proved to be forged.

2. Whether the evidence referred to in subparagraph 1 is forged.

A. The Defendant asserts that the Plaintiff’s mother C has received the return of the amount of KRW 10 million from the Defendant’s account as of March 2016. However, the Defendant asserted that the Defendant received the return of the amount of money previously paid to C.

B. The defendant asserts that the stamp image affixed to Gap's No. 1 is registered for election, and it is based on the seal of the defendant who was used for official use at the defendant's election office, and that the above defendant's seal was forged by the method of sealing Gap's No. 1 without the defendant's permission.

C. Witness D of the first instance trial and the party instance trial witness is consistent with the statement as to the process of preparing a loan certificate as a person in charge of the Defendant’s accounting-related business that was run for the election of a National Assembly member around March 2016, the Plaintiff’s mother C’s use of the remitted money, and the necessity of preparing a loan certificate, etc., and the amount remitted by C appears to have been used as the expense of the election of the National Assembly member run by C as the Defendant for the election of the National Assembly member. However, there is room for concern that the said money may be a problem, such as the violation of the Political Funds Act, and the Defendant requires the preparation of a loan certificate

According to the testimony of the witness of the court of first instance and the court of appeal D, it is recognized that D has prepared the part of the defendant's evidence No. 1 (Evidence No. 1) according to the defendant's instruction, and there is no evidence to acknowledge the defendant's assertion of forgery. Thus, the defendant'

3. Judgment on the cause of the claim A.

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