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(영문) 인천지방법원부천지원 2017.11.29 2017가단11584

대여금

Text

1. Defendant C shall pay to the Plaintiff KRW 35,00,000 and the interest rate of KRW 15% per annum from October 12, 2017 to the date of full payment.

Reasons

1. The Plaintiff’s claim against Defendant B lent KRW 35,00,000 to D on December 4, 2013, and if Defendant B jointly and severally guaranteed the above obligation, the Plaintiff claimed the instant loan.

However, there is no evidence to prove the authenticity of the statement on the loan certificate (No. 1) which seems consistent with the plaintiff's assertion, and the remaining evidence submitted by the plaintiff is insufficient to recognize it.

Therefore, the plaintiff's claim against the defendant B is dismissed.

2. Indication of the Plaintiff’s claim against Defendant C: on December 4, 2013, the Plaintiff lent KRW 35,000,000 to D, and the Defendant C jointly and severally guaranteed the said obligation.

Judgment by public notice: Article 208(3)3 of the Civil Procedure Act