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(영문) 부산지방법원 2020.08.26 2020나41047
대여금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

(a) The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence 1 to 3 (including branch numbers), and the whole purport of the arguments.

[Defendant's assertion as to Gap evidence 1, the original content was signed and sealed by the defendant in blank state where the original content was blank space, and the plaintiff asserted that it had been voluntarily supplemented, and that the document was delivered with signature only to blank space. Since it constitutes an example, it is necessary to establish reasonable grounds and evidence to support the presumption of the authenticity of the document (see, e.g., Supreme Court Decision 85Meu1397, Sept. 27, 1988). The defendant's assertion alone cannot be acknowledged that the defendant signed and signed the document in blank space where the document was not completed. Thus, the defendant's assertion cannot be accepted. Accordingly, the plaintiff's assertion was determined by Busan District Court Decision 2006Da103139, Oct. 10, 200; 2006Da1068886, Aug. 25, 2006; 2006.

B. According to the above facts of recognition, the defendant is obligated to pay the above KRW 50 million and delay damages to the plaintiff, except in extenuating circumstances.

2. The defendant's defense of extinctive prescription is a commercial activity for both parties to the judgment.

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