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(영문) 서울북부지방법원 2015.03.25 2014가합3126
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, on March 9, 2009, lent KRW 680 million to B Co., Ltd. (the representative C; hereinafter “Nonindicted Company”) at the interest rate of KRW 70 million per annum and due date of repayment from April 30, 2009 to August 10, 2009, respectively. On May 11, 2009, the Plaintiff was repaid KRW 190 million out of the principal amount.

The defendant is the wife C.

(C) On March 9, 2009, the Plaintiff asserts that the Defendant is liable to pay damages for delay after February 4, 2014, the remainder of the loan principal amounting to KRW 490 million ( KRW 680,000,000,000) to the Plaintiff, as the Plaintiff jointly and severally guaranteed the Defendant’s debt of KRW 680,000 to the Plaintiff of the non-party company on March 9, 2009.

In full view of the above evidence and the testimony of the witness C, it is recognized that C, the husband of the defendant, has affixed the seal of the defendant in the column of joint and several sureties under the evidence Nos. 3 (U.S.) and No. 4 (U.S.). Thus, unless there is any evidence to acknowledge that C, the above evidence Nos. 3 and 4 cannot be used as evidence, and the remaining evidence submitted by the plaintiff alone is insufficient to recognize that the defendant granted the right of representation as to the joint and several sureties of the borrowed debt of this case to C, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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