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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 July 8, 2012, C drafted and delivered to the Plaintiff a certificate of borrowing that the Plaintiff will borrow KRW 35 million at an interest rate of 2% per month and as of July 8, 2016.
B. On March 27, 2013, the Defendant prepared and delivered to the Plaintiff the loan certificate with the amount of KRW 35 million as indicated in the attached Form (hereinafter “the loan certificate of this case”). The said loan certificate stated “D guarantor.”
Grounds for recognition: Gap 1, 2, witness D, and the whole purport of pleading.
2. Determination
A. The plaintiff's assertion that the defendant was a de facto marital relationship with C for not less than ten years and demanded the plaintiff to be responsible for C on behalf of C. The defendant prepared the loan certificate of this case in that it guarantees C's obligation to return the loan amount of KRW 35 million to C, and the defendant is obliged to pay the above guaranteed debt amount of KRW 35 million to the plaintiff.
As to this, the Defendant did not have guaranteed the Defendant’s obligation to return the loan amount of KRW 35 million to the Plaintiff, and the loan certificate of this case was drafted by finding the Defendant living together with the Plaintiff with C and “C is not contacted. No contact with C is made with the Defendant, I would like to request the Defendant to contact with the Defendant.” Thus, the Plaintiff asserts that the Plaintiff cannot seek reimbursement of the guaranteed debt based on the loan certificate of this case.
B. According to the statement in Eul evidence No. 1, prior to the preparation of the loan certificate of this case, the Plaintiff’s phone call to the Defendant, which reads “I do not leave his/her oral seal and seal by telephone.”
Doing to know about the current contact is required to do so.
National Security System is not to communicate with each other by means of a loan certificate.
Since the issuance of the local government's certificate, the local government has paid it to the local government. If the local government has paid it to the local government, the local government has not repaid it.
I will know about the contact will be able to be solved.