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(영문) 대전지방법원논산지원 2014.07.24 2014가단27
대여금
Text

1. The Defendant: KRW 15,00,000 to Plaintiff A; KRW 10,00,000 to Plaintiff B; and KRW 10,000,00 to Plaintiff C; and said KRW 10,000 to Plaintiff C.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 2, 3, and 4-1, 2, 3, 5, and 6:

E collected 8,00,000 won on April 26, 2010, and 4,000,000 won on February 7, 2012 from its own Agricultural Cooperative Account respectively.

B. E maintained the loan certificate stating that the Defendant borrowed KRW 31,00,000 from E on April 27, 2010 as the end of December 201, and that it borrowed KRW 4,00,000 on February 7, 2012 (the above loan certificate collectively referred to as “each of the instant loans”).

Of the loan certificates of this case, the name of the borrower shall be written in writing in the name of the defendant, and the name of the borrower shall be written in hand, and the next letter shall be written in writing as "F."

C. E died on May 27, 2013, and his heir has the spouse A (3/7 of the inheritance), the Plaintiff B (2/7 of the inheritance), and C (name G before the opening of name, and the inheritance share 2/7).

2. The parties' assertion

A. The Plaintiff’s assertion E lent a total of KRW 35,00,000 to the Defendant as stated in the respective loan certificates of this case, and the Plaintiffs inherited the above loan claims. As such, the Defendant is obligated to pay KRW 15,000,000 to the Plaintiff, and KRW 10,000,000 to the Plaintiff, and KRW 10,000,00,000, and interest or delay damages on each of the above amounts in accordance with the statutory share of inheritance.

B. The defendant's assertion did not lend a total of KRW 35,000,000 from E.

There is no fact that each of the instant loan certificates has been signed.

Even if the Defendant’s each of the instant loans was established, it would be reasonable for the Defendant.

Even if E prepares a match, it does not actually borrow a total of KRW 35,000,000.

3. According to the results of the written appraisal by evidence evidence Nos. 2 and 3, and evidence Nos. 2 and 3, it is recognized that the name of the defendant and the "F" stated in the name column of the borrower are prepared by the defendant. Thus, the authenticity of the document is formed.

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