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(영문) 전주지방법원 2017.08.30 2016가단38612

구상금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the cause of the claim was that the Defendant entered into a temporary re-lease agreement with C on December 6, 2014 under the Plaintiff’s joint and several sureties, and the Plaintiff fulfilled the joint and several surety obligation of KRW 30,500,000, such as the rent, on November 1, 2016, and thus, the Defendant, who became a joint and several surety, is obliged to pay the said money to the Plaintiff.

2. First of all, the determination on the cause of the claim is based on whether the Defendant entered into a temporary re-lease agreement with the above company, and as such, the evidence No. 3 (the part in the Defendant’s preparation) which appears to correspond thereto cannot be considered as evidence because there is no evidence to acknowledge the authenticity, and it is insufficient to acknowledge the authenticity only with the items of evidence Nos. 1 and 2, and there is no other evidence to prove otherwise.

3. According to the conclusion, the plaintiff's claim based on the premise that the defendant concluded the above temporary re-lease agreement is dismissed without any reason to examine other issues.