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(영문) 창원지방법원 통영지원 2018.10.30 2018가단20377
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The summary of the Plaintiff’s argument that the Defendant borrowed KRW 83 million from the Plaintiff several times, and the Defendant jointly and severally guaranteed the above loan obligation of C, and even if not, agreed to repay the above loan obligation of C verbally.

Therefore, the defendant is jointly and severally liable with C to pay the above borrowed amount of KRW 83 million and damages for delay.

B. Determination 1) The Plaintiff submitted C’s certificate of loan (Evidence 1) as evidence of the Defendant’s assertion of joint and several guarantee for C’s debt on December 23, 2014, the amount of the loan borrowed as of January 24, 2015, the amount of the loan borrowed as of January 24, 2015 (Evidence 2-1) and the amount of the loan borrowed as of August 27, 2015 (Evidence 3). However, the Defendant denies the authenticity of each of the above documentary evidence, and there is no evidence to acknowledge the authenticity of each of the above documentary evidence (the Plaintiff also recognizes that C, other than the Defendant, written each of the above documentary evidence).

(2) The Plaintiff asserts that, as the Defendant’s certificate of personal seal impression and identification card as of March 11, 2015 were attached to the borrowed money certificate as of January 24, 2015, and the Defendant stated the “use” column at the bottom of the above certificate of personal seal impression as the Defendant’s own money, the Defendant jointly and severally guaranteed the borrowed money obligation on January 24, 2015 as of January 24, 2015.

However, in light of the following circumstances, it is difficult to view that the Defendant issued a certificate of personal seal impression and a copy of identification card to C for the purpose of jointly and severally guaranteeing the debt borrowed from the Plaintiff to the Plaintiff.

The date on which the defendant's certificate of seal impression was issued is considerably different from the date on which the loan certificate was issued as of March 11, 2015. The loan certificate as of January 24, 2015, and the defendant's certificate of seal impression and identification card are issued as of January 24, 2015.

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