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(영문) 인천지방법원 2020.04.01 2019가단253563
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On March 19, 2018, the Plaintiff asserted that he/she leased KRW 200 million to the Defendant on March 19, 2019 under a joint and several surety C, with the due date set as March 19, 2019, and received reimbursement of KRW 70 million among them.

Therefore, the defendant is obliged to pay the remainder of KRW 130 million to the plaintiff and damages for delay.

2. There is no dispute between the parties that: (a) the loan certificate No. 1-1 of the above No. 1 is based on the seals of the Defendant’s name following the above loan certificate.

However, there is no dispute between the parties as to the fact that C has affixed the seal of the defendant, and there is no evidence to recognize that C has the right to affix the seal of the defendant as above.

Therefore, the loan certificate No. 1-1 cannot be used as evidence.

The remaining evidence alone is insufficient to acknowledge the plaintiff's assertion, and there is no other evidence to acknowledge it.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.

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