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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The following facts are not disputed between the parties, or may be recognized by comprehensively taking into account the respective descriptions of Gap evidence 1 and 2 (excluding the parts for which the authenticity is not recognized as follows from among evidence A 2), the witness C's testimony, and the purport of the whole pleadings.
① The Plaintiff made a monetary transaction by lending money to the Defendant’s husband C and receiving a partial loan from C.
② On May 3, 2011, C prepared a payment note to the Plaintiff stating that “The amount of million won out of the rent shall be paid on May 20, 201, which shall be paid at the end of August, and shall be paid at the end of August, and shall be paid at KRW 200,000 (hereinafter “instant payment note”) on May 25, 201.”
③ The Plaintiff filed a lawsuit against C claiming the payment of loans with the Daegu District Court 201Ga72476.
In the above lawsuit, the conciliation was concluded that C pays 29,300,000 won to the Plaintiff in installments.
The plaintiff asserts that since the defendant signed the letter of payment in this case as the guarantor, he must repay the above loan to C.
Witness
C’s testimony alone is insufficient to recognize that the Defendant signed the instant payment note as the guarantor, and there is no other evidence to prove the authenticity of the instant payment note, and the part against the Defendant out of the evidence No. 2 cannot be used as evidence.
There is no other evidence to prove that the defendant guaranteed the above.
Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.