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(영문) 서울동부지방법원 2015.02.04 2014가단38730
대여금등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion C borrowed KRW 30,000,000 from D on April 10, 2007, and the Plaintiff paid KRW 30,000,000 to D as the guarantor on October 24, 2008.

Accordingly, C borrowed KRW 30,00,000 from the Plaintiff on May 21, 2013, and prepared a certificate of loan to the Plaintiff by December 31, 2014, and paid the Plaintiff the said money. The Defendant, as the inheritor, is obligated to pay the Plaintiff the principal and interest amount of KRW 46,20,000 on behalf of the Plaintiff, and delay damages for the principal amount of KRW 30,00,000 among the amounts paid by the Plaintiff.

B. In this case where the person who prepared the document selected as the debtor dies, Gap evidence Nos. 1 (Evidence No. 1) and 3 (cash No. 6, 7, and 9 (cash No. 3) cannot be admitted as evidence for the plaintiff's assertion since there is no other evidence to acknowledge the authenticity of each of the above documents, and the testimony of Gap No. 2, 4, and 9 and E cannot be admitted as evidence for the plaintiff's assertion because there is no other evidence to acknowledge the authenticity of each of the above documents. It is insufficient to acknowledge that Eul borrowed KRW 30,00,000 from Eul and the plaintiff subrogated the above money to Eul as the guarantor of the above obligation, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's above assertion is without merit.

2. It is so decided as per Disposition by the assent of all participating Justices, since the plaintiff's claim of this case is without merit.

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