양수금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion B: (a) on June 10, 2002, the due date for reimbursement of KRW 2 million was set and lent to C on September 10, 2002; and (b) the Defendant jointly and severally guaranteed the above loan obligations to C; (c) on January 11, 201, the Plaintiff acquired the claim against C and the Defendant; and (d) on January 31, 201, the Plaintiff, who was delegated with the notification authority by B, notified the Defendant of the assignment of claims.
Therefore, the defendant is obligated to pay to the plaintiff 1,30,000 won after deducting 70,000 won from the above loan obligations.
2. The Plaintiff submitted the evidence corresponding to the above argument as evidence, and the evidence No. 4 of the evidence No. 4 is insufficient to prove that the defendant's signature and seal on the joint and several liability column was made based on the defendant's will, and thus, it cannot be used as evidence. There is no other evidence to prove the fact of joint and several liability of the Defendant, and the Defendant cannot be held liable for the joint and several liability of the Plaintiff's assertion.
Therefore, we cannot accept the Plaintiff’s claim of this case seeking the payment of the acquisition money on a different premise.
3. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed. It is so decided as per