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(영문) 울산지방법원 2018.02.28 2017가단50357
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

The plaintiff and the deceased K (nameed "L" or in Japan, hereinafter referred to as the deceased's name) are between the defendant B, C, D, E, and net M.

Defendant F, G, H, I, and J are children of the network M.

The Deceased died on December 13, 2014.

The Plaintiff, Defendant B, D, and E are the first heir of the Deceased, and Defendant F, G, H, I, and J jointly inherited the deceased’s property as the deceased’s substitute heir.

In this case, NOPK Plaintiff asserted that the first loan of KRW 78 million was made to the deceased based on the loan certificate as shown in the attached sheet (hereinafter referred to as “the loan certificate of this case”), and that the Defendants were forged, and the Plaintiff did not have any financial power to lend money to the deceased. The amount KRW 77 million delivered by the Plaintiff to the deceased was withdrawn from the deposit account managed in the name of the deceased and possessed by the deceased, and was in possession of the deceased. In November 7, 2017, a half of the above amount was the deceased, and the remainder was still the deceased’s money, and the Plaintiff lent “39 million won” to the deceased.

However, the plaintiff's above assertion is rejected for the following reasons.

There is no evidence that the deceased directly prepared the loan certificate of this case.

Plaintiff

Even if the body of a document written by the person himself/herself and the documentary evidence of the loan certificate of this case directly and through visual comparison, it can be seen that the overall letters of the document are considerably similar to those written by the person in question, as well as the letters, such as the letters, “for the vehicle,” “number,” “7,” “K,” “A,” “E, Sept. 25, 2014,” “Ev,” “Ev,” “L,” and “L,” in the loan certificate of this case.

AK [No. 4 (Delegation)] K [this case's loan certificate] and the letter of delegation dated April 1, 2013 (No. 4) adjacent to the date on which the loan certificate of this case was drawn up.

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