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(영문) 서울서부지방법원 2017.04.25 2016가단21363
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's assertion

A. The plaintiff transferred a total of KRW 20,100,00 to the defendant's account on 12 occasions, and the defendant jointly managed the above account with the father C while conducting joint business with the father C. Thus, the defendant jointly borrowed the above amount or jointly and severally guaranteed C's obligation to repay the above amount and damages for delay against the defendant.

B. Of the evidence Nos. 1 and 2 (each letter), the part of Defendant B’s name cannot be considered as evidence of the Plaintiff’s assertion, since there is no evidence to acknowledge the authenticity.

Meanwhile, according to the statement in Gap evidence No. 1, the fact that the plaintiff remitted to the defendant's account under the name of the defendant is recognized, but it is not sufficient to recognize that the defendant jointly used or jointly guaranteed the joint business with Eul as alleged by the plaintiff, and there is no other evidence to acknowledge it.

2. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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