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(영문) 창원지방법원 2021.01.22 2020나59182
약정금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

Reasons

1. The evidence No. 1 of the judgment as to the cause of the claim (the copy of the loan certificate issued by the defendant (hereinafter "the loan certificate of this case"), and the defendant's writing stated in the loan certificate of this case is not written by the defendant, and thus the above document was forged.

The argument is asserted.

A person who asserts that a document has been forged needs to prove that the writing is not the pen of himself/herself (see, e.g., Supreme Court Decision 2001Da72029, Feb. 5, 2002). According to the appraisal result by the appraiser C of the court and appraiser C, it can be recognized that the pen of the document in this case, which is the pen of the defendant, is similar to the pen of the defendant, and there is no other evidence to prove that the pen of the document in this case, is not the pen of the defendant.

Therefore, in full view of the overall purport of the statement and changes of the defendant's argument, the plaintiff transferred the amount of KRW 52 million to the person related to the company making an investment in virtual currency as recommended by the defendant to invest in the virtual currency "KON", which is the virtual currency page, and KRW 52 million in total on December 5, 2017, and KRW 10 million on December 11, 2017. Since the above company discontinued its business after suspending its business and making it impossible for the plaintiff to recover the investment amount, the defendant promises to repay the amount of KRW 10 million to the plaintiff.

It may be recognized that the instant loan certificate, stating “, is drawn up and issued.”

Therefore, the Defendant is obligated to pay to the Plaintiff delayed damages calculated by the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 14, 2020 to the date of full payment after the delivery of a copy of the complaint of this case to the Plaintiff.

2. Judgment on the defendant's defense

A. The Defendant’s assertion constitutes a juristic act that can be revoked, as the loan certificate of this case was written by force.

In addition, the defendant decided to repay the debts due to the loan certificate of this case in 2022, five years later, and the deadline for repayment has yet to arrived.

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