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(영문) 수원지방법원 2021.01.21 2020가단542037
보증채무금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion: (a) around June 27, 2014, lent KRW 25,000,000 to C Co., Ltd. (hereinafter “the instant loan debt”); (b) the Defendant jointly and severally guaranteed the said debt to C Co., Ltd.; and (c) the Defendant is obliged to pay KRW 25,000,000 and delayed damages to C Co., Ltd.

B. The defendant's assertion does not have a joint and several surety for the debt of the instant loan, and there is no signature or seal on the evidence No. 1-2 (written loan).

2. The evidence of judgment is a method of proving the facts requiring proof by using the author’s intent expressed in the document as evidence. As such, first of all, it should be revealed that the document was prepared by the person who submitted the evidence as the author’s intent. If such formal evidence is not recognized, it cannot be used as evidence (see, e.g., Article 357 of the Civil Procedure Act; Supreme Court Decision 201Da9655, May 26, 201). No. 1-2 of evidence No. 1-2 of the evidence No. 1-2 cannot be used as evidence, since there is no evidence to acknowledge that the co-sureties’s column of evidence No. 1-2 was prepared by the defendant.

In addition, according to Gap evidence No. 3, although the plaintiff remitted to the defendant a total of KRW 16,00,000 on June 26, 2014, and KRW 16,000,000 on August 14, 2014, and KRW 16,00,000 on the above facts, it is not sufficient to recognize that the defendant guaranteed the debt of the loan of this case, and there is no other evidence to prove otherwise.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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