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(영문) 춘천지방법원강릉지원 2015.09.23 2015가단2603
증서진부확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Defendant: (a) lent KRW 33 million from C on January 14, 2010; and (b) around March 8, 201, KRW 35 million, respectively, to the deceased deceased D (hereinafter “the deceased”); and (c) sought payment of the said loan from the deceased, the inheritor of the deceased.

B. However, although the Defendant did not borrow KRW 68 million from C (i.e., KRW 33 million) from C, the Defendant conspired with C in collusion with C to make up for each forgery of the loan certificate and ② a false loan certificate.

C. Therefore, ① a loan certificate and ② a loan certificate are not the documents duly formed, and thus, the confirmation is sought.

2. Determination

A. Article 250 of the Civil Procedure Act permits a lawsuit to confirm the authenticity of a deed as to whether a document verifying the legal relationship becomes final and conclusive, and as a result, the parties cannot dispute whether a document verifying the legal relationship is authentic, and thus, the dispute itself concerning legal relations or at least contributed to the resolution of the dispute itself. Therefore, in order for a legal action to verify the authenticity of a document to seek confirmation of the authenticity of the document, there is a benefit to seek confirmation

(See Supreme Court Decision 2005Da29290, 29306 Decided June 14, 2007, etc.) B.

In this case, even according to the plaintiff's assertion, the dispute between the plaintiff and the defendant shall be resolved according to whether the defendant lent KRW 68 million to the deceased, and it shall not be resolved by whether the defendant borrowed KRW 68 million from C.

In other words, even if the Defendant borrowed KRW 68 million from C, it is determined whether or not the Defendant lent KRW 68 million to the Deceased, and thus, it is not that the dispute between the Plaintiff and the Defendant is resolved or it is not significantly helpful in resolving the dispute.

Therefore, the defendant and C.

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