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(영문) 창원지방법원 2017.04.20 2016나56704

대여금

Text

1. The plaintiff's appeal is dismissed.

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

3. Disposition of the court of first instance is set forth in paragraph (3).

Reasons

1. The Plaintiff asserted that the Plaintiff lent KRW 30 million to Co-Defendant D Co-Defendant D (hereinafter “D”) in the first instance trial, and the Defendant and Co-Defendant E Co-Defendant E and C in the first instance trial jointly and severally guaranteed the Defendant’s obligation to borrow money.

D, however, since D did not repay the remainder of KRW 15 million out of the above borrowed money and did not repay the remainder of KRW 15 million, the Defendant shall jointly and severally pay the Plaintiff KRW 15 million with the co-defendants of the first instance trial.

2. According to the purport of the written evidence Nos. 1 and 2 as well as the entire pleadings, the Plaintiff, on June 11, 2014, paid KRW 30 million to D for the purpose of investment, prepared a loan certificate (hereinafter “the loan certificate of this case”) to recover the principal, and the Defendant and the Co-Defendant E Co-Defendant E of the first instance trial (hereinafter “E”), and C, on the basis of the above loan certificate, are recognized.

However, in full view of the following circumstances, it is reasonable to deem that the Defendant’s liability as a joint and several surety under the loan certificate of this case was extinguished, and the evidence alone submitted by the Plaintiff is insufficient to recognize that the Defendant is liable to pay KRW 15 million to the Plaintiff, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim against the defendant is without merit.

① After the creation of the instant loan certificate, the Plaintiff and the Defendant entered into a new agreement with D on July 11, 2014 on the payment of allowances of at least 2 million won and the repayment of principal each month in relation to the existing lending of money or investment relations, and written a statement of performance (Evidence 1, d (Evidence 4) and signed each of the above performance forms E and C signed and sealed them as joint and several sureties.

② E is indicated on July 16, 2014, the date on which the above written statement of performance was prepared.