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(영문) 의정부지방법원 고양지원 2017.03.29 2016가단29558
대여금
Text

1. The plaintiff's claim of this case is dismissed.

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

Reasons

The plaintiff asserts that he lent 6 million won to C, and the defendant also borrowed 6 million won or jointly and severally guaranteed the above money as C.

According to the evidence Nos. 1 through 6 (including the case where there is a serial number), it is recognized that the adjustment to the effect that the Plaintiff filed a loan lawsuit against C and the Defendant under this Court 2016No3051, while the lawsuit is pending, the lawsuit against the Defendant is withdrawn, and C pays three million won to the Plaintiff during the lawsuit is constituted on August 16, 2016, and the loan certificate (a evidence No. 4-1) contains the name of the Defendant and affixed a seal.

However, C appears in this court as a witness, and testified that the name and the seal stated in the loan certificate, etc. are the principal, and that there was no permission from the defendant, and the evidence submitted by the plaintiff alone is insufficient to view that C has delegated C with signature and seal.

Therefore, the defendant jointly and severally guaranteed C's borrowing of loan to the plaintiff

The plaintiff's assertion is without merit, as there is insufficient evidence to view that they were jointly borrowed.

Therefore, the plaintiff's claim of this case is without merit.

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