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(영문) 수원지방법원 2016.03.11 2014나37368

대여금

Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claims against the defendants are all dismissed.

3. The total cost of the lawsuit.

Reasons

1. The assertion and judgment

A. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 4 as to the cause of the claim, the Plaintiff loaned KRW 9 million to Defendant B on Nov. 7, 200 on May 28, 2004 and May 28, 2004 on the date of repayment, 5% of interest (annual interest rate of KRW 8%). Defendant C, D, and E can be recognized as a joint and several guarantee for the above loans to Defendant B. The Plaintiff was paid KRW 6 million from the Defendants, barring any special circumstance. Thus, the Defendants are jointly and severally liable to pay the Plaintiff KRW 8.4 million (= KRW 9 million - 6 million) and damages for delay.

[Defendant asserts that there is no original copy of the document for borrowing money (A) so it cannot be used as evidence because the original copy of the document cannot be used as evidence, so the copy of the document becomes independent documentary evidence. In this case, unless there is the same original as the copy by evidence and the original is recognized as being genuine (see, e.g., Supreme Court Decision 2010Da99149, Mar. 24, 2011). However, in preparation for the failure of the Defendants to repay the outstanding amount of KRW 4.77 million borrowed from the Plaintiff, the Defendants asserted that Defendant C requested the preparation of the document for the original document of No. 1 and signed and sealed it on behalf of the remaining Defendants, and even according to the Defendants’ assertion, there is no evidence that the original document of No. 1 had been in existence in the past, and thus, there is no evidence that the Defendants had the value of the original document as the original document of No. 1, and thus, the Defendants had the value of the original document as independent evidence at the time of borrowing.