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(영문) 광주지방법원목포지원 2020.08.12 2020가단948
대여금
Text

1. Defendant B’s KRW 100,000,000 as well as 5% per annum from March 30, 2010 to March 5, 2020 as to the Plaintiff.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

(Provided, That part on Defendant B). (b)

Articles 208(3)2, 150(3), and 150(1) of the Civil Procedure Act of the applicable provisions of Acts (Judgment by deeming that the application is made);

2. It is insufficient to view that Defendant C jointly and severally guaranteed the loan obligation of Defendant C to the Plaintiff on the sole basis of the statement of evidence No. 1 regarding the Plaintiff’s claim against Defendant C, and there is no other evidence to acknowledge it.

[Immediate, the above Gap's certificate No. 1 (cash) stated "D" as a joint guarantor, and under which the stamp image of "D" which appears to be the representative of defendant C is affixed, and it is difficult for defendant C, an individual, to view that he/she guaranteed the above loan debt as a joint guarantor). Therefore, the plaintiff's assertion on this part of the claim is without merit.

3. In conclusion, the plaintiff's claim against the defendant B is accepted as reasonable, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.

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