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Reasons
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(영문) 서울동부지방법원 2020.09.22 2020가단5168
청구이의
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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Title;

A. On July 18, 2019, the Defendant remitted KRW 10,000,000 to the Plaintiff’s account, and in relation to the amount of the aforementioned remittance, the loan certificate stating the borrower as the Plaintiff (hereinafter “the instant loan certificate”).

B. The Defendant filed a lawsuit against the Plaintiff as Seoul Eastern District Court 2019 Ghana467504, and on January 10, 2020, the said court rendered a decision on performance recommendation that “the Plaintiff shall pay to the Defendant 10,000,000 won and interest calculated at the rate of 5% per annum from July 26, 2019 to January 15, 2020, and 20% per annum from the next day to the date of full payment.” The said decision on performance recommendation was finalized on January 30, 2020.

(hereinafter referred to as the “instant decision on performance recommendation”). [Ground of recognition] / Each entry (including serial number) of Gap evidence 2 through 4, the purport of the entire pleadings.

2. The assertion and judgment

A. A. A person who borrowed money from the Plaintiff’s assertion is C, the Plaintiff’s seat, and the Plaintiff expressed his/her intent as a joint and several surety on the condition that the Defendant lends KRW 20,000,000 to C. However, even though the Defendant withdraws his/her intent as a joint and several surety on the ground that the Defendant could not lend KRW 20,000 to C, the Defendant later borrowed KRW 10,000 to C, and thus, the Defendant forged the instant certificate of borrowing KRW 10,00,000, and thus, the enforcement based on the decision on the recommendation of execution

B. The following circumstances are: (a) the Plaintiff was issued a certificate of personal seal impression on July 18, 2019, and the Defendant was in possession of the said certificate of personal seal impression; (b) the Defendant remitted KRW 10,000,00 to the Plaintiff’s passbook; (c) on March 1, 2020, the Plaintiff filed a complaint against the Defendant with an investigative agency on the charge of forging private documents, etc., but the investigative agency filed a complaint against the Defendant on the charge of forging private documents.

5. The defendant's charges of forging private documents on 28.

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