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(영문) 서울남부지방법원 2017.04.20 2015나8358
대여금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. The Plaintiff asserts that the Plaintiff lent KRW 4.4 million to the Defendant on November 27, 2012, and sought payment of KRW 4.4 million and delay damages against the Defendant.

However, there is no dispute between the parties that the stamp image next to the defendant's name, as stated in Gap evidence No. 1, is based on the seal of the defendant. However, according to the evidence Nos. 8 and 9, the plaintiff lent KRW 5 million to the defendant on February 28, 2012, while the plaintiff was holding a promissory note in the name of the defendant with a blank space for the date of issuance, date of payment, and date of payment, between August 2013 and May 8, 2014 without authority, as between August 27, 2013 and May 8, 2014, the above promissory note was forged by stating "12" on the issue date column of the above Promissory Notes No. 27, March 27, 13, and face value column "one million won, five million won,000,000,000,000 won" in the face value column, it cannot be admitted as evidence that the remaining evidence is insufficient to acknowledge that the plaintiff offered to the defendant.

(1) The plaintiff's claim in this case can be dismissed on November 27, 2012 due to the ground that the plaintiff lent KRW 5 million to C on November 27, 2012, taking into account the purport of the whole argument in the statement in Eul evidence No. 9. The plaintiff's claim in this case is justified. Since the judgment of the court of first instance is partially unfair, the part against the defendant in the judgment of the court of first instance is revoked, the plaintiff's claim corresponding to the revoked part is dismissed, and the plaintiff's appeal is dismissed as it is without merit.

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