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(영문) 대전지방법원 2015.11.18 2015나102369
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The Plaintiff’s assertion around December 24, 2010 lent KRW 10,00,00 to C or D, and the Plaintiff confirmed the intent of guarantee from the Defendant via E, and thereafter, D, in a de facto marital relationship with the Defendant, as the Defendant guaranteed the above loan obligation by signing the name of the Defendant in the column of the loan certificate on behalf of the Defendant. As such, the Defendant is obligated to pay C or D and each of the Plaintiff the above loan amount of KRW 10,00,000 and delay damages.

2. In the judgment of the court below, the part in the defendant's name in the loaner Gap evidence Nos. 1 (the loan certificate) is insufficient to acknowledge the authenticity of Gap's evidence Nos. 2 through 5 and the testimony of the witness E at the trial. The above evidence alone is insufficient to recognize the fact that the defendant guaranteed the plaintiff with the loan obligation of KRW 10,00,000 against the plaintiff on December 24, 2010, and there is no other evidence to acknowledge it. Thus, the plaintiff's claim is without merit.

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and since the part against the defendant in the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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