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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On April 12, 2011, at the time when the Defendant’s husband C added 6,720,000 won from the Plaintiff, the Defendant jointly and severally guaranteed the obligation to borrow 2,910,000 won, including the above borrowed money and the existing borrowed money, and thereafter C repaid 9,370,000 won, the Defendant, a joint and several surety, is liable to pay the remainder of the borrowed money (29,100,000 won-9,000 won) to the Plaintiff as well as damages for delay, and the date on which the evidence of proof was prepared, submitted a letter of payment under the Defendant’s name (Evidence 1) as stated on June 30, 201.
B. As to this, the Defendant asserts that the above payment angle was actually made on June 30, 201 and around November 12, 2010, and thereafter C was transferred from November 12, 201 to December 31, 201, totaling KRW 35,759,700 from November 12, 201 to December 31, 201, and thus, the Plaintiff cannot respond to the Plaintiff’s claim.
2. Determination:
A. As to the date of the preparation of the above payment note, the Plaintiff: (a) stated the remainder other than the part on April 12, 201, and (b) stated the date on which the Defendant obtained the Defendant’s consent on June 30, 2011, and (c) stated the part on the date directly with the Defendant’s consent; (b) there is no objective evidence to prove the fact of additional lending around April 12, 201 (applicable only to the evidence No. 5, No. 7-1, and No. 2); and (c) C continues to borrow the principal and interest of the loan from April 12, 201 to June 30, 201; (c) in light of the fact that there is a high possibility that the amount of debt changes between the two points of time, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the Plaintiff’s assertion on the date of preparation of the payment note, and there is no other evidence to acknowledge it otherwise.
B. Furthermore, ① the Plaintiff’s proof of the amount of money lent to C is the entire statement of payment and objective data such as financial transaction.