(영문) 서울남부지방법원 2018.11.29 2018나51414

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(영문) 서울남부지방법원 2018.11.29 2018나51414

대여금

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1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. According to the statements in Gap evidence 1-1-3, Eul died on April 6, 2017, and his heir died on the part of Eul, the plaintiff, F, G, and H, who is the wife of Eul, and the heir of this case, agreed on the division of the inherited property on August 30, 2017 and agreed on the plaintiff's claim against the defendant based on the loan certificate as of December 23, 2008, with the agreement on the division of the inherited property on August 30, 2017.

2. The plaintiff asserted that the deceased lent KRW 15 million to the defendant around December 23, 2008, the defendant asserted that the defendant, upon I's request, set up the evidence No. 3 as false contents, and that the defendant did not borrow KRW 15 million from the deceased.

3. According to the statement in Gap evidence No. 3 and witness I's testimony, the defendant may recognize the fact that the defendant prepared and gave the loan certificate (Evidence No. 3) stating "I, at the request of Eul from July 28, 2017 after the death of Eul, "I, as of March 31, 2009, borrowed the above amount."

However, the following circumstances, which are acknowledged as the combination of the statements in Eul 1 and 4 and the witness I's testimony, that is, I, on the same day as the date on which he received a loan certificate from the defendant, borrowed a gold of 15 million won from his husband E on December 23, 1997, but it is confirmed that CC was drawn up as if it was borrowed as of December 23, 2008 for convenience in order to arrange inheritance due to EC's death after contact with the defendant on the same day, and deliver the above confirmation certificate to the defendant without properly reading the above confirmation certificate and signing it with the knowledge of the same contents as the loan certificate. However, the evidence in Eul 3 and Eul 1 are different from the certificate in terms of "use certificate" and "certificate".

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