(영문) 창원지방법원 2015.11.13 2014가단25255

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(영문) 창원지방법원 2015.11.13 2014가단25255

손해배상(기)

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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. Basic facts

A. On February 2010, Defendant B filed a lawsuit against the Plaintiff seeking the payment of the acquisition amount of KRW 22,061,137 and damages for delay (hereinafter “the acquisition amount lawsuit of this case”) with the Changwon District Court Decision 2010Da19191 as the acquisition amount of KRW 22,061,137 and the damages for delay (hereinafter “the acquisition amount lawsuit of this case”).

B. In the instant loan transaction lawsuit, the Plaintiff did not receive a loan from the Defendant JinchiC on April 28, 1999, and the Plaintiff asserted that the loan transaction agreement was forged on April 28, 1999 in the Plaintiff’s name, which was presented as evidence by Defendant B. However, the said court rendered a judgment accepting the Defendant’s claim on July 11, 2012, based on the following: (a) the Plaintiff’s signature that is recognized as the Plaintiff’s pen was written in the said loan transaction agreement; (b) the authenticity is presumed to have been established; (c) the Plaintiff’s statement in the said loan transaction agreement; (d) the witness’s testimony; and (e) the fact-finding on the Defendant JinchiC, based on the fact-finding on April 28, 199.

As to this, the Plaintiff appealed as the Changwon District Court 2012Na10533, but the judgment of dismissal was rendered on January 23, 2014, and the Plaintiff appealed as the Supreme Court 2014Da19479, but the said judgment of the first instance became final and conclusive on June 12, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The plaintiff's assertion did not have obtained a loan from the defendant Jinchi, Inc. on April 28, 1999, and the defendant B did not have obtained a loan from the defendant Jinchi, and the loan transaction agreement in the plaintiff's name is concluded in the lawsuit of transfer money

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