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(영문) 울산지방법원 2017.05.18 2016나4235
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The parties' assertion

A. On March 30, 2012, the Plaintiff lent KRW 10,000,00 to C at an annual interest rate of 30%, and the due date of repayment on September 30, 2012. Since the wife D and the Defendant jointly and severally guaranteed the above loan obligations, the Defendant is obligated to pay the Plaintiff a loan of KRW 10,000,000 and delay damages.

B. The Defendant did not affix his seal on the loan certificate as a joint and several surety, but only lent the borrowed money to C when borrowing KRW 10,000,000 from E, which is not the Plaintiff, and received the said money from E, and delivered it to C.

2. In addition to the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1 and 2, Eul borrowed KRW 10,000,00 on March 30, 2012 and signed and sealed Eul's wife D on the loan certificate as a joint and several surety on September 30, 2012. The defendant stated the account number, name, resident registration number, and address in the above loan slip but affixed D seal on the defendant's name; the creditor's column was an empty space at the time of the preparation of the above loan certificate; Eul transferred KRW 9,50,000 to the defendant on March 30, 2012; however, it is not sufficient to recognize that the defendant provided a joint and several surety to the plaintiff on March 30, 2012, and there is no other evidence to recognize otherwise.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit, and it is so decided as per Disposition.

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