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Reasons
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(영문) 부산지방법원 2018.05.18 2017나61492
대여금
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1. The part against the defendant in the judgment of the first instance is revoked.

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

3...

Reasons

1. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Co-Defendant C of the first instance trial agreed to borrow KRW 20 million from the Plaintiff on December 11, 2015 and pay KRW 20 million to March 11, 2016, and the Defendant jointly and severally guaranteed the Defendant’s obligation to repay the borrowed money to the Plaintiff. Since C did not repay the borrowed money, the Defendant, a joint and several surety, is liable to pay KRW 24.493,151 (i.e., the principal amount of KRW 20 million) to KRW 20% from March 12, 2016 to April 26, 2017, the Defendant, a joint and several surety, has no obligation to pay the Defendant’s obligation to the Plaintiff as a joint and several surety.

A’s signature stated in A’s No. 1 (money borrowed certificate) is not the Defendant’s signature, but the seal affixed on the said loan certificate is not the Defendant, and there is no fact that the seal affixed thereto is not the Defendant.

B. In a case where the other party contests the authenticity of a private document, the document presenter must prove it (see, e.g., Supreme Court Decision 94Da31549, Nov. 8, 1994). In this case, Gap evidence No. 1 (money borrowed certificate) against which the defendant asserts the authenticity of the document in this case cannot be used as evidence because there is no evidence to prove the authenticity of the document, and there is no other evidence to prove the fact of the defendant's joint and several liability, the plaintiff's assertion is rejected.

2. The plaintiff's claim against the defendant in conclusion must be dismissed for lack of reasonable grounds.

In conclusion, the part against the defendant in the judgment of the first instance, which differs from this conclusion, is unfair, and thus, the defendant's appeal is revoked and the plaintiff's claim against the defendant is dismissed. It is so decided as per Disposition.

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