대여금
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. On April 26, 2006, the plaintiff asserted that the defendant's mother C lent the payment period of KRW 10 million to the mother C on December 26, 2006, and the defendant guaranteed the above obligation.
Therefore, the defendant is obligated to pay to the plaintiff KRW 10 million and delay damages.
2. Although evidence consistent with the Plaintiff’s assertion that the Defendant’s name is written and the Defendant’s name is affixed with a seal affixed to the Defendant’s name, the Defendant signed the above loan certificate.
Since there is no evidence to prove that the seal affixed on the certificate of borrowing or the certificate of borrowing is the defendant's seal, it shall not be used as evidence, and there is no other evidence to prove that the defendant guaranteed the above obligation.
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 shall be accepted and the judgment of the court of first instance shall be revoked and the plaintiff's claim shall be dismissed as per Disposition.