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(영문) 의정부지방법원 2015.10.23 2015나1674

대여금

Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Determination on the cause of the claim

A. The plaintiff and the co-defendant B of the first instance trial (hereinafter "B") borrowed KRW 25,00,000 from the plaintiff on March 13, 2009, KRW 1,000,000 on March 18, 2009, KRW 1,000,000 on March 30, 209, KRW 1,000,000 on March 24, 2009, and KRW 25,000,000,000 on March 30, 209, and did not repay the loan to the plaintiff on March 28, 2010, the defendant jointly and severally liable to pay the loan to the plaintiff on March 28, 201, and the interest KRW 3,90,000 on the loan and its interest on the loan to the plaintiff on March 18, 209, the defendant and the defendant agreed to each of the above joint and several surety obligation to the plaintiff on March 130, 201.

B. On the other hand, the evidence No. 2 (each letter on the return of the rent) as shown in the plaintiff's above argument cannot be used as evidence because there is no evidence to acknowledge the authenticity (the "joint guarantor" of the above letter refers to the name of the defendant, but there is no signature or seal of the defendant, and the defendant denies the preparation of the above letter, and there is no evidence to prove the fact that the defendant guaranteed the debt of the loan to the plaintiff with the plaintiff. There is no other evidence to prove that the defendant guaranteed the debt of the loan to the plaintiff.

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

2. Thus, the plaintiff's claim against the defendant in this case is dismissed as it is without merit. The judgment of the court of first instance with different conclusions is unfair, and the plaintiff's claim against the defendant is dismissed. It is so decided as per Disposition.