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(영문) 창원지방법원 2016.06.28 2015가단16739
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 16, 2010, the Defendant applied for a payment order against the Plaintiff for a loan of KRW 8 million with the Changwon District Court 2010 tea532, and the payment order was issued by the above court on February 16, 2010, and the above payment order became final and conclusive on March 6, 2010, and the Defendant seized corporeal movables owned by the Plaintiff on June 11, 2015 pursuant to the above payment order on June 11, 2015 may be acknowledged according to each of the records stated in the evidence No. 3 and No. 5.

2. The parties' assertion and judgment

A. The Defendant asserted that, since the Defendant lent KRW 8 million to the Plaintiff, compulsory execution based on the above payment order is justifiable, the Plaintiff did not borrow KRW 8 million from the Defendant, and thus, it should not be allowed to enforce compulsory execution based on the above payment order.

B. Determination Gap evidence Nos. 6, 1 and 3 (the plaintiff's unmanned seal was recognized by the witness Eul's testimony, and thus the authenticity of the whole document is presumed to have been established. The plaintiff asserted that the above document was forged by Eul, the plaintiff's testimony of Gap 1, 2, 7, and 9, and witness D alone is insufficient to recognize it, and there is no other evidence to prove it). In full view of Gap's testimony, the defendant lent 8 million won to the plaintiff and 8 million won interest payment period from the plaintiff on December 24, 2003, and 2% interest payment period from the plaintiff on December 25, 2004, and the fact that Gap 1, 2,7 through 9, and witness evidence Nos. 1, 9 of the above document were written and delivered, and there is no other evidence to acknowledge the testimony.

3. Conclusion, the plaintiff's claim is dismissed as it is without merit.

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