beta
Text
1. The plaintiff's appeal against the defendants is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
1. On June 7, 2010, the Plaintiff asserted that on July 30, 2010, the Plaintiff lent KRW 50,000,000 to Defendant B with the due date set as July 30, 2010, and Defendant C jointly and severally guaranteed the obligation to return the above loan, and the Defendants jointly and severally are liable to pay the Plaintiff KRW 50,000,000 and the damages for delay.
2. Determination
A. As long as the authenticity of a disposal document with respect to a claim against Defendant B is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the content of the document unless there is any counter-proof, and shall not reject it without any reasonable reasoning, but even if it is a disposal document proved to be authentic, if there is a counter-proof or if there is a reasonable ground to regard the content of the document as contrary to objective truth, its probative value may be rejected.
(See Supreme Court Decision 93Da57117 delivered on February 8, 1994, etc.). According to the evidence No. 1 written by the Plaintiff and the Defendant B, as to the establishment of the authenticity of the part in Defendant B’s name, the primary debtor, following the entry of the evidence No. 1 that the Plaintiff and the Defendant would borrow KRW 50,000,000 from the Plaintiff on June 7, 2010 (hereinafter “the loan certificate of this case”).
However, the following facts or circumstances, which are acknowledged as comprehensive consideration of the overall purport of the pleadings as a result of the Plaintiff’s statement No. 1 and the Seoul Western District Court’s commission of delivery of documents, i.e., the Plaintiff, the Defendant, and D, on June 7, 2010, stated that “the above amount shall be repaid on July 30, 2010, and shall be received regularly,” and the creditor column shall have divided three copies of the same loan certificate form in which the creditor column is official column. The Plaintiff received KRW 29,80,000,000 from G on June 8, 2010, and received KRW 15,00,000 from D on the same day, which was additionally remitted from G on June 10, 2010, and the Plaintiff transferred KRW 20,000,0000 to D, and the Plaintiff transferred to D on June 10, 200, 2000.