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(영문) 광주지방법원 2013.11.26 2012가단55230
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or considering Gap evidence 1 (as a result of the testimony of the witness C, the person who affixed the seal of the defendant to the above document is the father of the defendant, the above witness who is the father of the defendant, and Gap evidence 3-3 and some testimony of the above witness, this is acknowledged as being prepared by the above witness according to the authority delegated by the defendant, and it is insufficient to recognize the authenticity, and the above evidence No. 2-1, No. 2, No. 3-1, No. 3-2, No. 4, No. 3-2, No. 4, No. 4-1, No. 5, No. 5-2, No. 6-1, No. 9, No. 4-1, No. 6-9, and No. 3, and No. 9-1, No. 6-1, and No. 6-3, and testimony of the witness D, part of the witness's testimony of the witness C (excluding the part after the testimony of the witness).

On January 5, 201, the Plaintiff lent interest of KRW 100,000,00 to E Co., Ltd. at KRW 1,50,000 per month. At the time of the Defendant’s father, C, a representative director of E Co., Ltd, as the Defendant’s father, guaranteed each of the above loan obligations against the Plaintiff on behalf of E Co., Ltd. as the Defendant’s agent (hereinafter “instant loan obligations”).

B. At the time of the above loan, C issued, respectively, a promissory note of KRW 50,00,000 per each due date, which is June 30, 201, issued by Co., Ltd., Ltd., to secure the payment of the instant loan to the Plaintiff, and a one promissory note of KRW 50,000 per face value, which is December 26, 201, and the due date (bill No. 7, hereinafter “instant bill”) of KRW 50,000 per face value, which is December 26, 2011.

In addition, C shall issue H Co., Ltd. the first bill of this case, which was delivered as security thereafter, to the Plaintiff and was actually operated at the time of return.

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