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(영문) 서울북부지방법원 2017.09.15 2016가단21404
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. From April 11, 2013 to October 11, 2014, the Plaintiff transferred a total of KRW 102,000,000, and KRW 87,000,000 on April 8, 2014 to the Defendant’s mother’s account of C or C’s E.

Amount: 100,000,000 won debtor: F. C joint and several sureties: Defendant (Defendant resident registration number): The date of repayment: October 11, 2013, 2013; the debtor D Association representative director’s seal C’s seal affixed on the F.

B. The Plaintiff is holding the loan certificate with the following contents (hereinafter “the loan certificate of this case”).

C. The Plaintiff filed the instant lawsuit with D Farming Association Co., Ltd. and C also co-defendant, but the Plaintiff and the aforementioned Defendants constituted conciliation on October 24, 2016, including that “The Defendants jointly and severally pay KRW 100 million to the Plaintiff, and Defendant C shall pay KRW 29,00,000 and delay damages therefrom to the Plaintiff.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant did not affix the seal to the loan certificate of this case, but the plaintiff attended at the time of drawing up the loan certificate of this case and expressed his intent to jointly and severally guarantee C and D's obligation 100,000,000 won. The plaintiff sought payment of 100,000,000 won as joint and several surety to the defendant.

3. The following circumstances revealed in accordance with the purport of the statement Nos. 2 and 5 of the evidence Nos. 2 and 5 and the entire arguments, namely, the loan certificate of this case contains only the name and resident registration number of the defendant, and the defendant's seal, unmanneds, signatures, etc. are not indicated. The witness F testified that the defendant did not have the seal impression and the certificate of seal impression at the time of preparation of the loan certificate of this case and affixed a copy of the defendant's resident registration certificate. However, if such reasons are the same, it seems reasonable to select a method of indicating the defendant's intent of guarantee, such as receiving

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