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(영문) 대구지방법원서부지원 2014.09.02 2014가단3966
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff asserts that, on March 5, 200, the deceased C (the deceased on July 5, 2003, hereinafter referred to as the "the deceased") lent KRW 38,800,000 on the same day (38,000 on the car certificate) to the deceased by the due date for payment until December 31, 2003. Since the defendant, who is the wife of the deceased on the same day, jointly and severally guaranteed the above loan obligation to the plaintiff on the same day, the defendant is liable to pay the above joint and several liability amount of KRW 43,000,000 and delay damages therefor to the plaintiff.

As shown in the above argument, there is a loan certificate prepared in the name of the deceased and the defendant (hereinafter “the loan certificate of this case”). This is recognized as the entire document, and it is alleged that the defendant used the seal. As such, it is reasonable to view the loan certificate of this case as a whole, the loan certificate of this case is not accompanied by the defendant’s identification card even though the loan certificate of this case contains other seals than the defendant’s seal impression reported, and the defendant’s domicile was stated as “Seoul-gu G, Daegu-gu G, which is the same as the deceased’s domicile,” and the loan certificate of this case appears to have been identical to the loan of this case, and the plaintiff did not submit financial data related to the loan of this case before the expiration of the loan of this case, and the plaintiff did not request the payment order of this case for the loan of this case for 10 years and 20 years, taking account of the following circumstances acknowledged as follows:

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