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(영문) 서울남부지방법원 2017.05.30 2016가단247357

보증채무금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

In full view of the purport of the entire pleadings in Gap evidence No. 1, the plaintiff paid interest of KRW 150,000 to C and D on March 5, 2008, 3% per month, and the due date for payment to the same year.

9.5. Each set of loans may be recognized.

The Plaintiff asserted that the Defendant, as the wife of D at the time of the above loan, jointly and severally guaranteed the obligation to return the loan and sought payment of the money stated in the claim against the Defendant.

In light of the purport of the whole pleadings, the evidence Nos. 1 and 2, which seems directly compatible with the above facts alleged by the plaintiff, are indicated as evidence Nos. 1 and 2, but according to the purport of the whole pleadings, the evidence Nos. 1 and 2, in the absence of the defendant, shows that the defendant's husband D affixed his/her seal impression to the part of the defendant's name. In such a case, in order to use the above documents as evidence against the defendant, there are documents to recognize that D obtained the authority to prepare them from the defendant and completed the part of the defendant's name among the above documents, and there is no other evidence to acknowledge it.

In addition, there is no evidence that the defendant has jointly and severally guaranteed the obligation to return the above loan.

Thus, the plaintiff's claim is dismissed as it is without merit.