(영문) 부산지방법원 2018.10.12 2018나41334

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(영문) 부산지방법원 2018.10.12 2018나41334

대여금

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1. Revocation of the first instance judgment.

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 and judgment

A. On March 20, 2017, the Plaintiff asserted that: (a) lent KRW 20 million per annum to C on March 20, 2017; and (b) KRW 3 million on March 20, 2008; and (c) the Defendant jointly and severally guaranteed the said loan obligations of C.

Since the Plaintiff requested C to repay the loan after the due date, but C does not repay the loan, the Defendant, a joint guarantor, is jointly and severally liable to pay the loan and the damages for delay to the Plaintiff.

B. The judgment states that “C shall borrow KRW 3 million and pay interest at 20% per annum by the 20th day of each month, and the principal shall be repaid by March 20, 2008” (hereinafter “the instant loan certificate”) and that there exists a cash loan certificate as of March 20, 2007 (hereinafter “the instant loan certificate”), and the Defendant’s signature and seal on the column as joint and several sureties of the above loan certificate may be recognized by taking into account the absence of dispute between the parties, or the entire purport of the statement and pleading as set forth in subparagraph 1.

However, according to the loan certificate of this case, the plaintiff is responsible to prove that the plaintiff is the person with claims against C and the defendant, and according to the statement of No. 1, it can be recognized that there is no indication in the "creditor" column of the loan certificate of this case. Thus, it is insufficient to recognize that the plaintiff is a creditor under the loan certificate of this case against C and the defendant, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim against the defendant is without merit to examine further.

2. Conclusion, the Plaintiff’s claim of this case must be dismissed for lack of reasonable grounds.

The judgment of the court of first instance is unfair with different conclusions, and thus, the defendant's appeal is accepted and the plaintiff's claim is revoked and dismissed.

유사 판례

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