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(영문) 서울중앙지방법원 2017.04.05 2016나44676
양수금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the parties' assertion

A. Plaintiff 1) B around September 2003, 2003, it is deemed that Samsung Card Co., Ltd. (hereinafter “Tsung Card”).

(1) loans of KRW 8,650,000 (hereinafter “instant loans”)

(2) On August 20, 2014, the Plaintiff acquired the loan of this case from Samsung Card and the interest or delay damages claim against Samsung Card, and the Defendant is obliged to pay the Plaintiff damages for delay of the loan of this case 6,201,719,197 among the loan of this case and the loan of this case 5,09,197.

B. Defendant B only issued a certified copy of resident registration as necessary for issuing a credit card, and there was no joint and several surety for the instant loans against Samsung Card. Even if not, the instant loans have expired by extinctive prescription, and thus, the instant claims cannot be complied with.

2. In light of the fact that the defendant denies the authenticity of the above document as to the evidence No. 6 (a loan agreement) and there is no direct evidence to acknowledge the authenticity of the above document, and that the interview records (Evidence No. 8) prepared at the time confirmed the defendant's solidarity, the authenticity of the above loan agreement cannot be acknowledged solely with the purport of the whole pleadings, and the above loan agreement cannot be admitted as evidence.

Meanwhile, the remaining evidence presented by the Plaintiff alone is insufficient to recognize the fact that the Defendant guaranteed the Defendant’s debt of the instant loans to Samsung Card. Therefore, the Plaintiff’s above assertion is difficult to accept.

3. Accordingly, the plaintiff's claim of this case shall be dismissed as it is without merit, and the judgment of the court of first instance which has different conclusions is unfair, and thus, the defendant's appeal shall be accepted and revoked.

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