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(영문) 수원지방법원안산지원 2017.11.16 2016가합1370
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The plaintiff's assertion

A. On April 15, 2016, D borrowed KRW 500,000,000 from the Plaintiff as of December 31, 2016.

B. D died on June 11, 2016, and the Defendants, the children of D, succeeded to D’s obligations.

C. Therefore, the Defendants are liable to pay each of the Plaintiff the amount of KRW 250,000,000 (=500,000,000 each share of KRW 1/2) and damages for delay.

2. The Plaintiff, as the sole evidence, submitted a monetary loan agreement (Evidence A No. 1) to prove the fact of borrowing D.

The Defendants denied the authenticity by asserting that the seal affixed to the above contract is not based on D’s seal, and there is no evidence to prove the authenticity of the above contract, and the above contract (Evidence No. 1) cannot be used as evidence.

Furthermore, there is no other evidence to prove that D borrowed money.

Therefore, the plaintiff's claim against the defendants is without merit.

3. All of the plaintiff's claims are dismissed as it is without merit. It is so decided as per Disposition.

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