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(영문) 창원지방법원 2021.01.22 2020나2087
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. The evidence No. 1 and the evidence No. 2 of the judgment on the cause of the claim No. 1 and the evidence No. 2 of the judgment on the cause of the claim (hereinafter "the loan certificate of this case"), and the defendant's writing stated on the loan certificate of this case is not the pen of the defendant, and thus the above document was forged.

The argument is asserted.

A person who asserts that a document has been forged needs to prove that the writing is not the pen of himself/herself (see, e.g., Supreme Court Decision 2001Da72029, Feb. 5, 2002). According to the appraisal result by the appraiser C of the court and appraiser C, it can be recognized that the pen of the document in this case, which is the pen of the defendant, is similar to the pen of the defendant, and there is no other evidence to prove that the pen of the document in this case, is not the pen of the defendant.

Therefore, in full view of the overall purport of the statement and changes of the defendant's statement, the plaintiff transferred the amount of KRW 26 million to the person related to the company making a virtual currency investment to make an investment in the virtual currency, upon the defendant's recommendation to make an investment in the virtual currency "KON," which is the virtual currency, on December 2, 2017, and KRW 13 million on December 10, 2017, and KRW 26 million on December 10, 2017. Since the above company discontinued its business after suspending its business and thus it was impossible for the plaintiff to recover the investment amount, the defendant promises to pay KRW 10 million to the plaintiff.

It may be recognized that the instant loan certificate, stating “, is drawn up and issued.”

Therefore, the Defendant is obligated to pay to the Plaintiff delayed damages calculated by the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 14, 2020 to the date of full payment after the delivery of a copy of the complaint of this case to the Plaintiff.

2. Judgment on the defendant's defense

A. The Defendant’s assertion constitutes a juristic act that can be revoked, as the loan certificate of this case was written by force.

In addition, the defendant decided to pay the debt based on the loan certificate of this case in 202, five years later, and it still remains.

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