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(영문) 창원지방법원 2021.01.15 2019나57340
대여금
Text

The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

claim. The purport of the claim.

Reasons

1. On June 22, 2017, the Plaintiff asserted that: (a) 24% interest rate of KRW 33,000,000 per annum; (b) due date for repayment on August 30, 2017; and (c) the Defendant jointly and severally guaranteed the instant loan obligations of KRW 33,00,000 on the same day.

Therefore, the Defendant is obligated to pay to the Plaintiff the interest or delayed damages calculated at the rate of 24% per annum from June 22, 2017, June 22, 2017, which is the date of the instant loan, to the date of full payment.

2. No. 1 certificate (including a loan certificate and a serial number) stating the intent of joint and several surety of the Defendant’s debt of the instant loan.

hereinafter the same shall apply) as to whether a petition is filed.

The fact that the following seals affixed to the defendant's name as Gap's No. 1 are affixed to the defendant's seal may be recognized by the defendant's certificate of his/her seal impression on June 23, 2017, without a dispute between the parties or attached documents.

However, according to the following facts and circumstances, it is difficult to acknowledge that C has the authority to affix the seal to C as to the joint and several surety of the loan obligation of this case, and there is no other evidence to prove otherwise. The following facts and circumstances are as follows: (a) it is possible to confirm the fact that C has the authority to affix the seal to C as to the joint and several surety of the loan obligation of this case; and (b) it is not possible to acknowledge the fact that C has the authority to affix the seal to C by the respective entries in subparagraphs 2 through 5, and the witness C and D of this court.

Ultimately, the evidence No. 1 cannot be used as evidence to acknowledge that the defendant guaranteed the debt of this case, since the authenticity of evidence No. 1 is not recognized, and the evidence submitted by the plaintiff alone is insufficient to recognize that the defendant guaranteed the debt of this case, and there is no other evidence to prove otherwise.

The evidence No. 1 (hereinafter “the loan certificate of this case”) provides that “The joint and several suretys shall guarantee the amount borrowed by C in accordance with the above contents.”

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