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(영문) 서울서부지방법원 2016.07.15 2015나37560
대여금
Text

1. Each appeal filed by the plaintiff, the defendant B, and D is dismissed.

2. The costs of appeal between the Plaintiff and the Defendant C are assessed against the Plaintiff.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant C

A. The plaintiff's assertion asserts that on August 15, 2006, the plaintiff lent 20 million won to the defendant C, who is the knife, through E, to 2% per month interest, and that E has jointly and severally guaranteed it.

B. In light of the fact that the defendant's evidence Nos. 1 (a) submitted by the plaintiff as evidence corresponding to the judgment is disputing the authenticity of the evidence, so that the defendant's seal affixed to the loan certificate of this case is a so-called tool which can be easily forged by anyone, the plaintiff did not collect the certificate of the personal seal impression or identification card of the defendant D separately, and the plaintiff shows both the same person's written seal on the loan certificate of this case and the plaintiff is also a person whose name is written Eul, not the defendant Eul, it cannot be admitted as evidence because there is no evidence to acknowledge the authenticity of the evidence, and there is no evidence to prove the fact that the plaintiff lent KRW 20 million to the defendant Eul.

2. Determination as to the Plaintiff’s claim against Defendant B and D

A. The Plaintiff’s evidence Nos. 2-1, 2, and 3 of the Plaintiff’s evidence Nos. 2-1, 2, and 3 (the part of the Defendant’s seal Nos. 2-1 and 2 of the evidence Nos. 2 is based on the Defendant’s seal, and there is no dispute between the parties that the part of the Defendant’s seal Nos. 2-1 and 2 of the document was based on the Defendant’s seal, and the entire authenticity of the document is presumed to have been established. Although Defendant B asserted that Defendant B had affixed his seal without the Defendant’s consent, it is not sufficient to acknowledge it only with the entries of No. 5 and the result of the Party’s personal questioning of Party E, taking into account the overall purport of the pleadings, the Plaintiff lent the Plaintiff’s seal No. 30, Nov. 30, 2006; the Plaintiff lent KRW 20,000 to E as the interest of each month; ② Defendant B provided joint and several surety each of them.

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