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(영문) 광주지방법원순천지원 2019.04.25 2018가단76900
대여금
Text

1. Defendant B shall pay 3,00,000 won to the Plaintiff and 24% per annum from June 2, 2017 to the day of complete payment.

Reasons

1. Determination as to the claim against the defendant B

(a) a claim for loans of KRW 33 million on May 15, 2014 and interest thereon and damages for delay, dated May 15, 2014;

(b) Judgment made by the confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);

2. As to the claim against Defendant C, the Plaintiff asserts that Defendant C jointly and severally guaranteed the debt owed to the Plaintiff on May 15, 2014.

According to the evidence No. 1, the name and resident registration number of the defendant C, and the fact that the mobile phone number has been stated is recognized in each statement asserted that the plaintiff was received from the defendant B.

However, as recognized by the plaintiff, the part of the above letter as above was prepared by the defendant C, and the plaintiff did not separately verify the intent of joint and several liability of the defendant C, and the part in the above letter as to the defendant C cannot be used as evidence because there is no evidence to acknowledge the authenticity, and there is no other evidence to acknowledge the plaintiff's assertion.

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

3. The plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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