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(영문) 대법원 2015.02.12 2013다86335
상속채무금
Text

The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The court below determined that, in full view of the circumstances in its holding, it is reasonable to see that the seal affixed to the loan certificate of this case was forged using the deceased’s seal imprint, certificate of personal seal impression, etc. during the period of hospitalization at the hospital or after the deceased’s death, or that there was a reflective and acceptable evidence to deny the contents of the loan certificate of this case. Thus, the loan certificate of this case cannot be used as evidence, or it cannot be recognized as establishment and existence of monetary loan relationship, and the other evidence submitted by the Plaintiff alone is insufficient to recognize that the deceased borrowed money from the Plaintiff.

In light of the records, the above judgment of the court below is correct, and contrary to the allegations in the grounds of appeal, there is no error of law of law of free evaluation of evidence against logical and empirical rules.

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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