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(영문) 대구지방법원상주지원 2019.05.15 2019가단97

대여금

Text

1. Defendant B’s KRW 60,000,000 as well as 5% per annum from October 9, 201 to February 8, 2019 to the Plaintiff.

Reasons

1. Claim against the defendant B

A. Claim for a loan of KRW 60 million on September 8, 201, against Defendant B, indicating the claim

(b) Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

2. The Plaintiff asserted that Defendant C is jointly and severally liable for the repayment of the said loan to the Plaintiff on September 8, 2011, since Defendant C’s debt owed to the Plaintiff on September 8, 2011.

However, among the loan certificates (Evidence A No. 1) required by the Plaintiff as evidence, Defendant C cannot be admitted as evidence because the authenticity is not recognized.

It is not sufficient to recognize that Defendant C guaranteed the Defendant C’s obligation to the Plaintiff on the sole basis of the statement of evidence No. 2, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim against the defendant C cannot be accepted.

3. In conclusion, the plaintiff's claim against the defendant B is accepted on the ground of its reasoning, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.