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(영문) 대구지방법원서부지원 2020.03.24 2019가단5974

대여금등

Text

1. Defendant B shall pay to the Plaintiff KRW 66,00,000 and the interest rate of KRW 12% per annum from August 17, 2019 to the date of full payment.

Reasons

Indication of claims against Defendant B: The grounds for the claims are as specified in the attached Form.

Defendant B borrowed money from the Plaintiff from July 3, 2012, the summary of the Plaintiff’s claim against Defendant C (Article 208(3)2 of the Civil Procedure Act). Around May 14, 2013, Defendant C, the spouse of Defendant B, guaranteed the joint and several surety for KRW 50 million out of the borrowed money of Defendant B against the Plaintiff.

However, Defendant B did not pay KRW 66 million out of the borrowed money, and Defendant C is jointly and severally liable with Defendant B to pay the above KRW 50 million to the Plaintiff.

Judgment

The plaintiff presented a loan certificate (No. 2) bearing the seal of the defendant C as evidence, but there is no evidence to acknowledge the authenticity of the part in the name of the defendant C with the above loan certificate (the plaintiff is the person who prepared the above loan certificate and delivered it to the plaintiff, and there is no evidence to recognize that the above unmanned is the person who was the person who was the person who was the defendant C's unmanned seal, and there is no evidence to prove that the above unmanned is the person who was the person who was the person who was the person who was the defendant C's unmanned seal, and there is no other evidence to prove that the evidence submitted by the plaintiff has the authority to affix the seal of the defendant C on the above letter, and there is no other evidence to prove that the evidence submitted by the plaintiff is the person who was the person who was the person who was

(3) The Plaintiff’s claim against the Defendant C is without merit. The Plaintiff’s claim against the Defendant is without merit.