보증채무금반환
1. Of the judgment of the court of first instance, the part against the Defendants in excess of the money ordered to be paid below shall be revoked.
1. According to Article 70(1) of the Civil Procedure Act and Article 67(1), (2), and Article 70(2) of the same Act, which are applicable mutatis mutandis pursuant thereto, the scope of the trial of this court shall be decided on all co-litigants. Of co-litigants, any litigation by one of the co-litigants shall be effective only for the benefit of all co-litigants, and the litigation by one of the co-litigants against all the co-litigants shall be effective on all the co-litigants. Thus, if an appeal is filed against any one of the main co-litigants and the conjunctive co-litigants, the part on the other co-litigants' claims against the other co-litigants shall also be transferred to the appellate court, and they are subject to the trial of appeal (Supreme Court Decision 2006Du17765 Decided March 27, 2008). The first court of this case dismissed all the claims against the Defendants of Plaintiff A, who are the primary plaintiff, and all of them received the claims against the Defendants of Plaintiff B, who are the plaintiff.
2. Facts of recognition;
A. On February 15, 2006, 350,000 won (hereinafter “instant 350,000,000 won”) from the Plaintiff A from February 15, 2006 in order to raise the cost of remodeling each of the lands D, E, F, and G (hereinafter “each of the instant lands”) on the ground (hereinafter “each of the instant lands”) at Dongducheon-si, East-si, E, F, and G (hereinafter “CE”), the CES Co., Ltd. (hereinafter “CE”) set up a loan certificate (the recipient of the loan certificate is written as “H”) to be borrowed for a fixed period as of June 30, 2006, and issued it to the Plaintiff A.
At the time, the Defendants jointly and severally guaranteed the Plaintiff’s obligation to borrow the C.S. loan (hereinafter “the instant loan obligation”) and deposited KRW 329,000,000 in the C.C.’s account in the name of H on the same day.