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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On the same day, the Plaintiff received a loan certificate from C, and lent KRW 30 million to C as the cost of manufacturing election campaign bulletins.
However, there was a fact that the defendant agreed to bear a cost portion relating to the proportional representation promotional materials of party representative, and the defendant also agreed to the effect that C would pay the amount directly by the defendant at the time of borrowing 30 million won from the plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff KRW 30 million borrowed by C and delay damages therefor.
B. The defendant's assertion is not obligated to pay 30 million won directly to the plaintiff.
2. Determination: (a) On March 30, 2012, the Plaintiff received a loan certificate from C on the same day, and lent KRW 30 million to C to be used for the production cost of the campaign material for the campaign material for the campaign material for the campaign of the party representative, and (b) on March 23, 2012, the Plaintiff drafted a letter of commitment to bear the expenses relating to proportional representation promotional materials for the party representative of the party representative on March 23, 2012; (c) the Plaintiff told C to pay KRW 30 million for the production cost of the campaign material for the last time is acknowledged if there is no particular dispute between the parties, or if the purport of the entire pleadings is added to the statement in the evidence Nos. 1, 2, 3-48, and 3-63.
However, the above facts and the evidence presented by the Plaintiff agreed that the Defendant would directly repay to the Plaintiff the amount of KRW 30 million borrowed by C only with the above facts and the evidence presented by C.
It is insufficient to recognize that the Defendant guaranteed or assumed the obligation of C, and there is no other evidence to acknowledge otherwise.
Rather, in civil trials, the facts which have been recognized in the decisions of other civil cases, even though they are not bound by the facts which have been established in the decisions of other civil cases, are valuable evidence unless there are special circumstances.
Therefore, it cannot be rejected without any reasonable reasoning, and Supreme Court Decision 9 September 24, 2009.