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(영문) 창원지방법원 2015.02.04 2014가단669
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserts that the defendant is jointly and severally liable to pay the plaintiff the amount claimed, which is the debt of the principal debtor C, as the defendant has jointly and severally guaranteed the debt of the loan to the plaintiff.

On the other hand, as evidence consistent with the plaintiff's above argument, Gap evidence Nos. 2 (Agreement on Monetary Loan), Gap evidence Nos. 4 (No. 4) and Gap evidence No. 5 (No. 4's power to make a notarial deed of monetary loan loan contract prepared by the defendant's mother C on behalf of the defendant) are flexible, and there is no dispute between the parties that the defendant's name No. 2 and No. 4 with the defendant's seal affixed to the defendant's name is based on the defendant's seal.

However, the following circumstances found as a result of appraiser D's appraisal, namely, ① the Plaintiff asserted that the Defendant was at the site at the time of preparing the above summary and power of attorney, but the Defendant's signature and address stated in Gap evidence 2 and 4, ② the above signature and address appears to be written by the Defendant's mother C or E, not the Defendant himself, and ③ the Defendant was not at the time of preparing the above letter of agreement or power of attorney, ④ the Defendant argued that the above document was not prepared by the principal or the power of attorney, and that the above document was written by C or E was written by him, and thus, it cannot be deemed that the evidence No. 2, No. 4 and No. 5 cannot be deemed to have been written by the Defendant's genuine intent.

Therefore, evidence Nos. 2, 4, and 5 cannot be used as evidence, and there is no other evidence to acknowledge that the defendant guaranteed C's debt to the plaintiff.

Therefore, the plaintiff.

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