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(영문) 인천지방법원 2016.07.21 2016나3997
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Grounds for claim;

A. Since the Defendant issued to the Plaintiff a promissory note worth KRW 20 million on behalf of her mother, her mother is obligated to pay the above amount as the issuer of the promissory note.

B. Selectively, the Defendant: (a) delegated C with the intent to guarantee C’s 20 million won obligation to the Plaintiff; (b) subsequently, paid part of C’s obligation; (c) thus, the Defendant is obliged to pay the guaranteed obligation to C.

2. The reasoning for the court’s explanation on this part is as stated in the reasoning of the judgment of the first instance, except for the addition of “(the defendant asserts that evidence No. 1, No. 2 and No. 3 are forged, but no evidence exists to prove that evidence No. 2)” after the second and sixth statement of the judgment of the first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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