beta
(영문) 의정부지방법원 2016.11.04 2016가단5122

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's assertion

A. On September 31, 2014, the Plaintiff asserted that the Plaintiff was not repaid KRW 95,00,000 to Nonparty C, but at that time the Defendant jointly and severally guaranteed the Defendant’s obligation to borrow KRW 95,00,000 to Nonparty C at that time. As such, the Defendant is jointly and severally liable to repay the said loan to the Plaintiff with Nonparty C.

B. In light of the judgment, Gap evidence No. 1 (Evidence) stating the contents as shown in the plaintiff's above assertion cannot be admitted as evidence, and it cannot be admitted as evidence ( there is no evidence that the name of the defendant and the defendant's seal impression are the defendant). The remaining evidence submitted by the plaintiff alone is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion shall not be accepted.

2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.