보증금반환
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The plaintiff alleged in the complaint that the defendant guaranteed the above loan obligation, and argued the guarantor's liability. The plaintiff's legal representative at the first date for pleading clearly stated that the defendant seeks a guaranteed obligation, which is not the defendant's obligation to succeed to the principal obligation of the deceased, but the plaintiff's legal representative at the first date for pleading, but the plaintiff's assertion was changed to claim the inheritance obligation as it was sent to the defendant's written and unmanned as a result of appraisal on the part of the guarantor of the above loan and the unmanned affixed
On August 30, 2010, the Plaintiff prepared a loan certificate stating that “The deceased borrowed KRW 84,184,000 to the Plaintiff, the interest on the said amount shall be paid at 36% per annum and the due date shall be August 31, 2011,” while lending money to the deceased’s husband C (hereinafter “the deceased”).
Therefore, the defendant is liable to pay 36,078,857 won, which is the defendant's inheritance shares, among the loans owed by the deceased against the plaintiff, and damages for delay.
2. As to whether the Plaintiff lent the above KRW 84,184,00 to the Deceased, there is no evidence to prove the authenticity, and the evidence Nos. 1 corresponding thereto cannot be used as evidence. The statement of evidence Nos. 2 and 3 alone is insufficient to recognize that the Plaintiff lent the above money to the Deceased, and there is no other evidence to prove otherwise, the Plaintiff’s above assertion is without merit.
3. Conclusion, the plaintiff's claim of this case is dismissed as it is without merit.