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(영문) 수원지방법원 여주지원 2018.09.05 2018가단1492
대여금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts recognized;

A. The father D of the Plaintiffs (the Deceased on May 23, 2014, hereinafter the Deceased) remitted KRW 70,000,000 to the bank account under the Defendant’s name on February 21, 2012.

(hereinafter referred to as the "transfer of this case").

E drafted on February 22, 2013, the letter of loan dated 22, 2013, stating that the defendant representative director F will borrow KRW 70,000,000 on behalf of the defendant representative director F and will be repaid at around seven and eight months (hereinafter the letter of loan in this case).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings

2. The Plaintiffs asserts that the Defendant should pay KRW 35,00,000 to the Plaintiffs, who are the inheritors of the deceased, as they leased KRW 70,000,00 to the Defendant on February 22, 2012.

As can be recognized by the above evidence, the loan certificate of this case does not indicate the lender's seal, and the seal of the agent who is not the defendant's seal impression is affixed to the above loan certificate, and the defendant cannot be deemed to have prepared the above loan certificate. In light of the circumstances where there is no evidence to prove that the defendant's representative director delegated the right to prepare the above loan certificate to E, the fact of remittance of this case alone is insufficient to recognize the plaintiffs' assertion, and there is no evidence to acknowledge the above fact of assertion

3. It is so decided as per Disposition by the assent of all participating parties on the ground that all of the plaintiffs' claims in this case are without merit.

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