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(영문) 부산지방법원 2017.06.30 2017나1414
구상금
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. Around December 1, 2001, the Plaintiff claimed that the Defendant pay the said money in installments from May 10, 201 to May 10, 2018, and lent KRW 9710,000 to the Defendant in installments.

Even if the Defendant did not borrow money from the Plaintiff, the Defendant guaranteed C’s loan obligations to the Plaintiff, and C did not pay KRW 9.71 million to the Plaintiff.

Therefore, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 9.710,00 and damages for delay.

2. The Plaintiff lent KRW 9.710,00 to the Defendant solely on the basis of each description of Gap evidence No. 1-1 to 13.

It is insufficient to recognize that the Defendant guaranteed C’s obligation, and there is no other evidence to acknowledge it (in accordance with reference materials submitted by the Plaintiff, it is deemed that C, not the Defendant, has the obligation to pay money to the Plaintiff). The Plaintiff’s above assertion is without merit.

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

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