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(영문) 창원지방법원 2015.09.17 2015가단1737
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff asserted that he had a total of KRW 23 million claim against the Defendant’s wife C from 2013 to 2014, but the Defendant agreed on January 10, 2014 to pay the Plaintiff KRW 33 million out of the above debt up to January 14, 2014, and the Defendant drafted a loan certificate.

Therefore, the defendant is obligated to pay 30 million won to the plaintiff.

2. Determination 1) Of the evidence Nos. 1-2 (Evidence No. 1-2 (Evidence No. 2) of the Defendant’s name, the part in which the Defendant’s name was written cannot be admitted as evidence, since there is no evidence to acknowledge the authenticity of its establishment. The Plaintiff asserted that the Plaintiff signed the above loan No. 1-2. However, according to the witness’s testimony, it is only possible to acknowledge the fact that C voluntarily recorded the signature of the Defendant in the above loan No. 1-2 without the Defendant’s permission, and there is no other evidence to acknowledge that the Defendant signed the above loan No. 1-2. The Plaintiff asserts that the signature of the Defendant indicated in the written reply No. 1-2 and the signature submitted by the Defendant in Changwon District Court No. 2014Ga1773 is the same, but in light of the entries and form of evidence No. 1-2 and No. 2, it is difficult to acknowledge that the signature of the Defendant’s name as indicated in the evidence No. 1-2 and the signature of the Defendant No. 2 was to be paid to the Plaintiff. 30 million.

3. Therefore, the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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