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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 25, 2015, the Plaintiff leased KRW 50 million to C at an annual interest rate of 8% per annum and one year after the due date.
(hereinafter “instant loan”). (b) The instant loan
C died on December 30, 2016.
[Ground of recognition] Facts without dispute, entry of Gap 2-4 evidence, purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The Plaintiff asserted that the Defendant should repay the instant loan, since C loaned the instant loan with the Defendant Company’s operating funds operated by C, and C agreed to jointly repay with the Defendant Company.
B. If the authenticity of a disposal document is recognized, the court must recognize the existence and content of the declaration of intent in accordance with the language stated in the disposal document, unless there is any clear and acceptable reflective evidence that denies the content of the statement.
(see, e.g., Supreme Court Decision 2014Da19776, 19783, Feb. 15, 2017). The following circumstances are as follows: (a) the loan certificate prepared at the time of the loan of this case only indicates that C borrows the loan of this case from the Plaintiff, and (b) the Defendant Company is written as the borrower.
The loan of this case was used as the funds of the Defendant Company as alleged by the Plaintiff, including that there was no statement in the purport that the loan of this case is jointly and severally guaranteed, that the Plaintiff transferred the loan of this case to a private account other than the Defendant Company, and that the loan of this case was transferred from the above C account after the loan of this case to the Defendant Company’s account.
Even if such circumstance alone, the defendant company immediately borrowed the loan of this case from the plaintiff.
In full view of the fact that it cannot be deemed that C had jointly and severally guaranteed the loan obligation, and there is no evidence to prove that C agreed to repay the loan of this case jointly with the Defendant.