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(영문) 광주지방법원 2016.06.22 2015나4456

양수금

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

The plaintiff asserts that when the defendant's husband B, on May 26, 2001, borrowed KRW 13 million from Samsung Card Co., Ltd., the defendant jointly and severally guaranteed the above loans, and the plaintiff acquired the above loans, and the principal of the above loans still remains in KRW 9,360,49. Thus, the defendant is obliged to pay KRW 9,360,49 and interest and delay damages.

On the other hand, the evidence Nos. 6 and 10, which corresponds to the defendant's joint and several guarantee of the above loan obligation, cannot be admitted as evidence because there is no evidence to prove the authenticity, and the remaining evidence submitted by the plaintiff alone is insufficient to recognize that the defendant guaranteed the above loan obligation. Since there is no other evidence, the plaintiff's assertion is without merit.

Therefore, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance is unfair with different conclusions, so the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff'