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(영문) 서울중앙지방법원 2016.11.21 2016나8243

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Determination on the cause of the claim

A. The plaintiff alleged that the plaintiff lent KRW 400,000 to B, and Eul issued a promissory note to the plaintiff around May 2004 to secure the payment of the loan.

The defendant made an endorsement on the Promissory Notes in the sense that B's debt is jointly and severally guaranteed by the defendant.

B forged the Defendant’s endorsement.

Even if the defendant is liable for the expressive representation, the defendant shall be liable.

After that, B agreed to repay KRW 300,000,000 and to repay the remainder of KRW 100,000,000 until November 20, 201, the Plaintiff prepared a re-performance note, and the Plaintiff returned the said promissory note to the Defendant.

Therefore, the defendant is jointly and severally liable with B to pay the remaining loans of KRW 100,000,000 and damages for delay.

B. As to whether the Defendant jointly and severally guaranteed the debt B by endorsement on a promissory note, it is not sufficient to recognize the result of the Plaintiff’s principal examination conducted in the trial alone, and there is no other evidence to acknowledge it.

Rather, according to the result of the party's personal examination as to B conducted by the court of the first instance, only the fact of forging B's endorsement on or around May 2004 can be recognized.

(B) In conclusion, the plaintiff's claim should be dismissed as it is without merit, and the judgment of the court of first instance is just and correct. Thus, the plaintiff's appeal is dismissed as it is dismissed.