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(영문) 인천지방법원 2018.06.20 2018나50805
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On August 27, 2015, the Plaintiff asserted that the Plaintiff lent KRW 20 million to C, and the Defendant, who is the mother of C, jointly and severally guaranteed the above loan obligations (hereinafter “instant loan obligations”).

The repayment period of the instant loan obligation is September 30, 2015. Since C did not fully repay it, the Defendant, a joint guarantor, is liable to pay the Plaintiff KRW 20 million and delay damages therefor.

2. The evidence submitted by the Plaintiff at the first instance court and this court alone is insufficient to recognize the fact that the Defendant jointly and severally guaranteed the instant loan obligations (it is not sufficient to acknowledge the existence of the obligation between the Plaintiff and the Defendant, because a notarial deed was prepared only between the Plaintiff and C with respect to the instant loan obligations, and there is no other evidence to acknowledge the existence of the obligation between the Plaintiff and the Defendant as the Defendant expressed his intent to bear the obligation, etc.). Thus

3. Therefore, the plaintiff's claim against the defendant is dismissed as it is without merit. The judgment of the court of first instance is just and the plaintiff's appeal is without merit. It is so decided as per Disposition.

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