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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 18, 2009, E borrowed 4,000,000 UN (Korean Won 45,290,400) from the Plaintiff, and the Defendant guaranteed E’s above loan obligations.
Therefore, the defendant is liable to pay the above borrowed money as the surety.
The Plaintiff applied for a payment order due to the failure of the primary debtor E to pay the debt, and confirmed on May 22, 2013 (Seoul Central District Court 2013 tea18515). However, it is difficult to collect the debt due to the cancellation of resident registration of E.
2. The Plaintiff asserted that the Defendant guaranteed the debt borrowed from E and submitted the evidence No. 3-1 (certificate of money borrowed) and No. 3-2 (certificate of cash custody) as evidence supporting the claim.
As to this, the Defendant’s writing as indicated in the above evidence is different from the Defendant’s original body, and is different from the writing as indicated in the evidence Nos. 1-1 and evidence No. 1-2 (cash storage certificate) submitted by the Plaintiff, and there is a trace of modifying the year. In addition, on October 27, 2008, the Defendant commenced work with the Plaintiff’s lending of money from the Plaintiff and then did not reach two months, and did not start work with the Plaintiff at the end of November of the same year, and did not contact with the Plaintiff, the Defendant could not prepare the above documents on the ground that it did not guarantee E’s lending obligation.
In light of the above, Gap evidence No. 3-1 (cash car certificate) and No. 3-2 (cash car certificate) cannot be used as evidence since there is no evidence to acknowledge the authenticity of the part under the defendant's name. The remaining evidence submitted by the plaintiff alone is insufficient to acknowledge that the defendant guaranteed the debt of Eul, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion cannot be accepted.
3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.