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(영문) 대전지방법원 2018.02.13 2016나105327
차용금 청구의 소
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as follows, except for the loan claim of KRW 22 million against Defendant B and C on August 29, 2014, which is set forth in the main sentence of Article 420 of the Civil Procedure Act. Thus, the reasoning of the judgment of the court of first instance is as it is, pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. As to the claim for loans worth KRW 22 million on August 29, 2014 against Defendant B and C

A. In light of the following circumstances, it is determined that the Plaintiff lent KRW 22,00,00 to E on August 29, 2014 due date for reimbursement of KRW 22,00,000 to E on September 30, 2014, respectively, written evidence Nos. 229,29, and 30, and written evidence Nos. 1 of this Court’s appraiser I’s appraiser I on January 16, 2018.

(1) On August 29, 2014, the Plaintiff: (a) borrowed KRW 22 million from the Plaintiff; and (b) submitted as evidence the loan certificate of KRW 22 million; and (c) according to the appraiser I’s appraiser I’s appraiser I’s appraisal on January 16, 2018, the original copy of the loan certificate was the same as the deceased’s seal used in the course of performing real estate agent’s work before the death; and (d) as the Defendants’ attorney at the third legal date of pleading in this court recognized that the above seal was in possession of the deceased’s seal, the authenticity of the loan certificate is presumed to have been established (the Defendants asserted that the Plaintiff arbitrarily affixed the deceased’s seal, but there is no evidence to acknowledge this). (b) The Plaintiff did not request the deceased to lend money to the deceased in cash to the Plaintiff for his own account transfer to KRW 30,000,000, 200 and 300,000,000 won in total under one’s passbook.

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