beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On February 12, 2008, the Defendants asserted that they were jointly and severally liable to pay to the Plaintiff KRW 35,000,000 as well as damages for delay, on the ground that D had a joint and several liability for KRW 35,00,000 to the Plaintiff, her mother, but D did not pay its liability until now.
2. In a case where the other party asserts that the authenticity of a private document is different, the person who submitted it shall prove it (Article 357 of the Civil Procedure Act). In particular, in recognition of the authenticity of the disposal document, unless there is any clear and acceptable proof that the content of the document is denied, the existence and content of the declaration of intent in accordance with the content of the document should be recognized. Even if it is a disposal document, if it is proven that it has been forged and its authenticity is not recognized, the existence and content of the declaration of intent in accordance with the content of the document cannot be acknowledged.
(See Supreme Court Decision 2002Da34666 Decided September 6, 2002. Regarding the instant case, the witness E’s testimony to the effect that the loan certificate (a evidence No. 1; hereinafter “the loan certificate of this case”) stating the Defendants’ intent to stand joint and several surety for D’s obligation is prepared by the Defendants’ intent is difficult to believe in light of the following circumstances acknowledged by the statements No. 3, No. 4, and No. 11 through No. 14, and there is no other evidence to acknowledge the authenticity, and it is insufficient to acknowledge that the Defendants jointly and severally guaranteed the D’s obligation solely on the basis of the evidence No. 4 and No. 5.
Therefore, the plaintiff's claim of this case is without merit.
① On February 12, 2008, the witness E drafted the instant loan certificate at the home of the deceased F (Death on July 19, 2008, hereinafter “the deceased”) as the father of the Defendants, in writing, as the netF. At the time.