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(영문) 서울서부지방법원 2021.02.04 2019나36671
대여금
Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

claim. The purport of the claim.

Reasons

1. Judgment on the plaintiff's claim

A. On November 4, 2005, the Plaintiff asserted that the Plaintiff leased KRW 100 million to the Defendant (hereinafter “the instant loan”) and sought payment of the loan KRW 100 million and delayed damages against the Defendant.

B. Regarding the plaintiff's claim of this case, the defendant is not the defendant but the defendant's husband who borrowed money from the plaintiff, and the loan statement (No. 1 evidence) submitted by the plaintiff as evidence for the loan of this case was forged.

As shown in the Plaintiff’s assertion, it is apparent that Gap evidence Nos. 1 (3) stated “B” as “B, but it is apparent that "B” was written in the original debt settlement column, and that Eul’s statement as “B” was written above. In full view of the purport of the entire pleadings in the evidence No. 1 of this Court, the Plaintiff filed a lawsuit against Eul for a loan (this Court Decision 2017 Ghana 228192) as evidence for a loan to "C: the obligor: (i) through (iv) [the loan statement as evidence of this Court 2017 Ghana 228192] is presented as evidence.

According to the above, Gap evidence No. 1 is altered and thus cannot be used as evidence for the loan of this case, and the statement of evidence No. 2 is insufficient to recognize the plaintiff's assertion, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case is without merit.

2. As such, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, and thus it is revoked by accepting the defendant's appeal and dismissed the plaintiff's claim. It is so decided as per Disposition.

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