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(영문) 인천지방법원부천지원 2019.03.20 2018가단5685
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that the Plaintiff did not dispute to the Defendant, the amount of KRW 3 million on March 16, 2015, and the amount of KRW 47 million on March 31, 2015, is not a dispute between the parties.

2. The gist of the Plaintiff’s assertion is the cause of the instant claim. Under the Plaintiff’s guarantee, the Defendant borrowed KRW 50 million from C, and the Plaintiff subrogated to C for the Defendant’s loan obligation amounting to KRW 50,000,000,000, which was already paid against the Defendant. As such, the Plaintiff seeks a claim for reimbursement of KRW 4,00

3. The evidence No. 1, which seems consistent with the Plaintiff’s assertion, cannot be used as evidence because there is no evidence to prove the authenticity, and the remainder of the Plaintiff’s submission alone is insufficient to recognize that the Defendant borrowed KRW 50 million from C under the Plaintiff’s guarantee, and that the Plaintiff repaid KRW 50 million to C, and there is no other evidence to prove otherwise.

4. Thus, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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