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(영문) 수원지방법원평택지원 2017.05.16 2016가단3619
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination as to the claim against the defendant B

A. According to the evidence Nos. 1 and 2, Defendant B borrowed KRW 30,00,000 from the Plaintiff on March 22, 2012, and KRW 60,000,000 on December 12, 2014, and KRW 60,000,000 on December 28, 2014, and Defendant B’s repayment of KRW 20,00,000 on February 28, 2015 is recognized.

Therefore, Defendant B is liable to pay the Plaintiff the remainder of KRW 40,000,000 and damages for delay.

(Plaintiff asserted that on February 19, 2016, Defendant B lent KRW 10,000,000 to Defendant B, but it is not possible to acknowledge only the description of No. 3, and there is no other evidence to acknowledge it).

As to this, Defendant B claimed that he is not responsible for the repayment of the above obligation since he obtained immunity from immunity, according to each of the evidence Nos. 3 through 5, Defendant B received bankruptcy and immunity from Suwon District Court Nos. 2016Hadan2090 and 2016Ha2090 on September 28, 2016 and confirmed that the above decision became final and conclusive around that time. Thus, the above Defendant’s assertion is with merit.

C. Therefore, the plaintiff's claim against the defendant B is without merit.

2. Determination as to the claim against Defendant C

A. At the time when Defendant B borrowed KRW 30,00,000 from the Plaintiff on March 22, 2012, and KRW 30,000,000 on December 12, 2014, and KRW 60,000,00 on a total, the Plaintiff jointly and severally guaranteed that Defendant C is liable for payment of KRW 40,00,000 to the Plaintiff.

B. Although there is no dispute that the stamp image next to the defendant C’s respective stamps Nos. 1 and 2 (each loan certificate) was made by the seal of the defendant C, the defendant C was not at the site at the time of the preparation of each loan certificate, and there is no dispute over the fact that the defendant B affixed the seal of the defendant C on the above loan certificate. Thus, there is no evidence to prove that the defendant B was authorized to affix the seal of the defendant C, and there is no other evidence to prove the above facts of assertion, the plaintiff’s above assertion is without merit.

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