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(영문) 울산지방법원 2016.11.09 2016나2864
대여금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is extended in the appellate court.

Reasons

1. The Plaintiff asserts that the Plaintiff is jointly and severally liable with C to pay the above loan amounting to KRW 13 million and delay damages to C at the interest rate of KRW 1.5% per month on October 2, 2011, and KRW 13 million on April 2, 2012, and the Defendant, the wife of C, guaranteed the Defendant’s payment of the above loan obligations to C. Thus, the Defendant is jointly and severally liable to pay the Plaintiff the above loan amounting to KRW 13 million and delay damages.

On the other hand, the defendant asserts that C's above loan obligations against the plaintiff are not sufficient to guarantee the payment of the above loan obligations, so C's claim cannot be complied with.

2. According to the evidence Nos. 1-1 and 2-2 of the judgment, it is not sufficient to acknowledge that the defendant guaranteed the payment of the above loan to the plaintiff, on the sole basis of the evidence Nos. 3 and 4 to the effect that the plaintiff transferred the total amount of KRW 13 million to C on October 2, 2011 and KRW 13 million on April 2, 201, and KRW 8 million on April 2, 2012, the defendant and C have borrowed money from the plaintiff, but there is no other evidence to acknowledge it. Thus, the above assertion by the plaintiff is without merit.

3. Thus, the plaintiff's claim against the defendant shall be dismissed as it is without merit. Since the part against the defendant among the judgment of the court of first instance which has different conclusions is unfair, the defendant's appeal shall be accepted and the plaintiff's claim against the defendant (including the extended part in the trial) shall be dismissed. It is so decided as per Disposition.

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