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(영문) 창원지방법원진주지원 2014.11.19 2014가단6806
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff alleged and judged that he lent 44 million won to C, and received a cash custody certificate equivalent to the above money from C on March 29, 2006. At that time, he asserted that the defendant jointly and severally guaranteed C's loan obligations, and sought payment of 44 million won and damages for delay to the defendant.

According to the purport of the evidence Nos. 1 and 3 as a whole and the arguments, it is recognized that C used the above account under the name of the defendant for a monetary transaction by allowing C to use the account under the name of the defendant, and that C prepared and issued a cash custody certificate stating the name of the defendant as a joint guarantor to the plaintiff on March 29, 2006.

However, according to the above evidence and the whole purport of oral argument, the above cash custody certificate does not bear the defendant's signature and seal, and the plaintiff also acknowledges that the defendant did not have a direct signature and seal on the above cash custody certificate, it is insufficient to view the above recognition alone as a joint and several surety for the plaintiff Eul, and there is no other evidence to acknowledge this otherwise.

The plaintiff's assertion is without merit.

2. The plaintiff's claim for the conclusion cannot be accepted as it is without merit.

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