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(영문) 인천지방법원 2015.03.18 2014나17190
보증채무금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff lent to C the Defendant’s mother KRW 7 million in total, including KRW 3 million on March 10, 2009 and KRW 4 million on March 31, 2009.

B. At the time of the above lending, the Defendant jointly and severally guaranteed each obligation to return the loan.

C. Around 2012, the Defendant provided that each of the above loans shall be repaid to the Plaintiff.

Therefore, the defendant is obligated to pay the above seven million won and damages for delay to the plaintiff.

2. Determination

A. The fact that the Plaintiff lent KRW 3 million to the Defendant’s mother C on March 10, 2009, and KRW 4 million on March 31, 2009 is no dispute between the parties.

B. First, as to whether the Defendant jointly and severally guaranteed the obligation to return the above loan, the entry of the evidence Nos. 1 and 2 in the evidence Nos. 1 and 2 is acknowledged as having been prepared by C without the Defendant’s consent, in full view of the purport of the entire pleadings as to the testimony of the witness C at the trial. Therefore, it cannot be admitted as evidence,

C. Next, there is no evidence to acknowledge that the Defendant provided that he would repay each of the above loans to the Plaintiff around 2012.

Therefore, the plaintiff's above assertion is without merit.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is unfair with different conclusions, and the defendant's appeal is justified and it is so decided as per Disposition.

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