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(영문) 서울중앙지방법원 2017.01.10 2015가단5364322

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff, on November 9, 2012, lent KRW 10,000,00 to Nonparty B at interest rate of KRW 29.2% per annum and damages rate of KRW 39% per annum. At the time, the Defendant asserted that the Defendant jointly guaranteed B’s obligations for the above loans, and sought payment of the principal and interest of the loan against the Defendant.

In light of the above evidence, Gap evidence Nos. 1, 1, and 3 cannot be used as evidence to acknowledge the above joint guarantee in relation to the defendant, since there is no evidence to acknowledge the authenticity of the part in defendant's name, it is not sufficient to recognize that the defendant jointly guaranteed the defendant's above loan obligations to the plaintiff (the plaintiff was prepared in the conciliation procedure of this case with the defendant, and the decision was made in lieu of the same conciliation, but the decision was cancelled due to the failure to deliver it to the defendant, it is eventually proved that the defendant was the person to prepare the above evidence Nos. 1, 3, or the defendant bears the above joint guarantee obligations to the plaintiff. However, the plaintiff's claim is insufficient to acknowledge that the defendant was the person to establish the evidence Nos. 1, 3, or 5, or that it was the person to whom the above evidence No. 1, 3, or the person bears the above joint guarantee obligations to the plaintiff.