대여금
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Facts of recognition;
A. The Defendant’s father C was the Plaintiff’s leader.
From July 25, 2013 to September 23, 2016, the Plaintiff deposited a total of KRW 9.55 million in the account of C and the Defendant, and C drafted a certificate of borrowing KRW 9.5 million on July 10, 2015 to the Plaintiff.
B. On August 25, 2016, the Plaintiff was issued a cash custody certificate (hereinafter “instant custody certificate”) with the following content written as a receipt from C, the father of the Defendant, as his father.
on August 25, 2016, the sum set above shall be kept in full until the end of the 11st limit of August 201, 2016, and undertake to impose any civil or criminal liability if he/she violates the commitment in violation of the commitment.
(Provided, That interest rate shall be 1%) on August 25, 2016: The address of the resident No. D in the Jeonbuk-si: F resident No. : F resident No. : The name of the G Bank: The plaintiff of the city of the defendant.
C. The Defendant, as H students, was 19 years of age at the time the custody certificate of this case was prepared.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. Summary of the parties' arguments;
A. On August 25, 2016, the gist of the Plaintiff’s assertion C prepared the instant certificate of custody by receiving an advance payment from the Plaintiff on August 25, 2016. Since the Plaintiff jointly and severally guaranteed the obligation to borrow the instant certificate of custody, the Plaintiff is jointly and severally liable with C to pay the Plaintiff KRW 10 million and delay damages.
B. The summary of the defendant's assertion is that the defendant did not express his/her intent to jointly and severally guarantee the obligation of C, or that he/she did not consent to the joint and several guarantee, and since the defendant did not prepare the custody certificate of this case or affix his/her name and seal or signature on the custody certificate of this case,
3. In full view of the evidence Nos. 3 and 4 written by the judgment of the court below, the evidence Nos. 3 and 4 written by the same person as the entries in the custody certificate of this case and the guarantor.