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(영문) 창원지방법원 2018.06.21 2017가합53876
대여금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Determination as to the claim for payment of KRW 300,000,000 by Plaintiff A

A. On September 2005, Plaintiff A lent a lot of money to Defendant C, one of his own children, from around September 2005, and accordingly, Defendant C, on December 20, 2007, had the obligation to pay the loan amount of KRW 300,000,000, the due date for payment of the loan amount of KRW 300,000 (for delay, KRW 20,000) on December 20, 2008, and the interest amount of KRW 3,00,00 (for delay, KRW 1,00,00) on December 20, 200, Defendant D had the obligation to pay the loan amount of KRW 300,00,00 and delay damages.

B. As to whether the instant KRW 300 million loan certificate was duly made according to the Defendants’ intent, it is presumed that the document is authentic when the signature, seal, or seal of the principal or his agent is affixed. Thus, in the event that the person who prepared the private document admits that the signature, seal, etc. was affixed on the private document in question, barring any special circumstances, the document is presumed to have been signed and sealed by the person who prepared the document in question, unless there are other special circumstances, and if the authenticity, such as seal imprint, is recognized, the document is presumed to have been signed and sealed by the person who signed and sealed the document in a state where the entire document is completed, and the document is deemed to have been signed and sealed, and the document was first signed and sealed only when the whole or part of the document was completed. Therefore, there is a need for evidence such as reasonable reason to support the presumption of the authenticity of the completion of the document in question, and if it is found that a person who is not the person who prepared the finished document or the part in blank was filled, etc.

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