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(영문) 서울남부지방법원 2015.06.11 2015가합527
대여금
Text

1. Defendant B shall pay 81,060,000 won to the Plaintiff and 20% per annum from May 8, 2015 to the day of complete payment.

Reasons

1. Part of the claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment by service based on which recognition is applicable (Article 208 (3) 3 of the Civil Procedure Act);

2. The plaintiff asserts that the part of the claim against the defendant C and D was jointly and severally and severally guaranteed by the defendant C and D, who are the children of the defendant B, to the plaintiff of the defendant B.

However, the evidence submitted by the Plaintiff alone is insufficient to view that Defendant C and D guaranteed the obligation of Defendant B to the Plaintiff, and there is no other evidence to acknowledge it.

Rather, according to the statement No. 1-5 and No. 6, Defendant C is a minor who is 17 years of age at the time of preparation of the loan certificate as of September 7, 2012 and there is no seal of C. It is recognized that the lower court stated “D90” at the lower end of the loan certificate as of April 5, 2010 (No. 1-6).

Therefore, this part of the plaintiff's assertion is without merit.

3. In conclusion, the plaintiff's claim against the defendant B is justified, and the plaintiff's claim against the defendant C and D is dismissed as it is without merit. It is so decided as per Disposition.

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