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(영문) 대전지방법원 2020.04.21 2019나106444
대여금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Determination as to the cause of claim

A. A No. 1 certificate (hereinafter “the instant loan certificate”)

() In full view of the purport of the entire pleadings, the purport of the entire pleadings is as follows: (a) the Defendant has recognized the authenticity of the remaining portion excluding the completion of the part on the date of pleading at the first instance trial of the first instance court; (b) the Plaintiff is jointly and severally liable to pay C and the Plaintiff 10,000,000,000 won, plus KRW 10,000,000,000,000 to C; (c) the maturity for payment was paid on April 30, 2014; and (d) the interest was to be paid KRW 10,000,000 each month from October 14, 2013; and (e) the Defendant may recognize the fact that the Defendant jointly and severally guaranteed the obligation to the Plaintiff. Therefore, the Defendant, as a joint and several surety, is jointly and severally liable to pay C and the Plaintiff interest or delay damages therefrom.

B. On October 14, 2013, the Defendant only jointly and severally guaranteed that C borrowed KRW 5,00,000,000 from the Plaintiff, and as the Plaintiff additionally lent KRW 3,000,000 and KRW 2,000,000, the Defendant asserted that the instant loan certificate was attached to it.

As long as the establishment of a disposal document is recognized as genuine, the court shall recognize the existence and contents of the expression of intent by the contents as well as any other evidence acceptable even if the contents are clear and acceptable, and shall not reject the contents without any instruction of the grounds acceptable to believe such contents (see, e.g., Supreme Court Decision 88Meu12759, 12766, Nov. 27, 1990). In addition, there is no evidence to support the alteration of the document by the Plaintiff’s arbitrary completion of the amount indicated in the loan certificate of this case. Furthermore, according to the evidence No. 1 of this case, the loan amount is KRW 5 million and the interest is KRW 100,000,000 per month from October 14, 2013 to April 30, 2014; the debtor column of the loan certificate of this case and the joint and several surety column of C is the debtor column of the loan certificate of this case.

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