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(영문) 춘천지방법원원주지원 2017.09.12 2017가단2709
대여금
Text

1. All of the instant claims are dismissed.

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

Reasons

Plaintiff’s assertion

The summary of the judgment is as follows: (a) on August 15, 201, the Plaintiff loaned KRW 5,000,000 to C on March 30, 2012; (b) on October 18, 201, KRW 20,000 due date for repayment of KRW 20,000 on December 19, 201; and (c) on October 29, 201, KRW 7,000,000 on October 29, 201; and (d) on April 27, 2012, the Plaintiff and the designated parties jointly and severally guaranteed the respective debt obligations of C.

Therefore, the Defendant and the designated parties are jointly and severally liable to pay the Plaintiff the loan amount of KRW 32,00,000 ( KRW 5,000,000 + KRW 20,000 + KRW 7,000,000) and delay damages.

Judgment

As alleged by the plaintiff, there is no evidence to acknowledge that the defendant and the designated parties jointly and severally guaranteed the debt of 20,000,000 won of the principal to the plaintiff C.

(B) The evidence No. 3 is submitted to prove that the documents were forged, so it cannot be used as evidence to acknowledge the fact of joint and several liability, and according to the purport of the whole statement and oral argument No. 5, C can be acknowledged as having prepared the evidence No. 3 at will regardless of the will of the defendant and the designated parties. Therefore, the plaintiff's assertion is without merit.

In conclusion, the claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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