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(영문) 부산지방법원 2020.01.17 2019나53334
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim against the defendant is dismissed.

3. All costs of the lawsuit are assessed against the Plaintiff.

Reasons

1. On July 14, 2018, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 140 million to the co-defendant B of the first instance trial at the rate of 24% per annum and on May 1, 2019 (hereinafter “instant loan”). Since the Defendant’s joint and several liability is the Defendant’s joint and several liability, the Defendant shall jointly and severally pay KRW 122,690,000 for the remainder of the loan.

2. The plaintiff presented the loan certificate (No. 1) as evidence to prove the facts of the loan in this case. The defendant asserts that the column of the joint and several sureties among the above loan certificate is forged and denies the establishment of the petition, so there is no evidence to acknowledge the authenticity of the column of the joint and several sureties among the above loan certificate (In full view of the entries and the purport of the whole pleadings in the above loan certificate No. 1, No. 2 and No. 6, it can be recognized that the "D" is not the "E", but the fact that the seal affixed on the column of the joint and several sureties of the above loan certificate is "F", and the defendant's resident registration number stated in the above loan certificate is different from the actual number of the defendant's joint and several sureties, and there is no other evidence to acknowledge the facts of the joint and several sureties by the defendant.

3. In conclusion, the plaintiff's claim against the defendant should be dismissed as it is without merit.

The judgment of the court of first instance is unfair in conclusion with different conclusions, so it is so decided as per Disposition by accepting the defendant's appeal.

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