대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Examining the statement of payment (A) submitted by the Plaintiff on April 7, 2008, the Defendant signed D with C on July 20, 2008 as a joint and several surety for the obligation to repay KRW 100,000,000, not later than July 20, 2008, and entered “A (Plaintiff)” at the bottom of the statement of payment.
2. The parties' assertion
A. In addition to the amount equivalent to KRW 34,600,000 as a result of the Plaintiff’s lending of money from time to time prior to the preparation of a written statement of payment to D and the amount equivalent to KRW 130,00,000 as a result of the Plaintiff’s payment by subrogation for the obligation of D, as well as the amount equivalent to KRW 40,000,000 as a security deposit return claim arising from the Plaintiff’s dwelling in the leased house under the Plaintiff’s wife’s name; and KRW 249,60,000 as a security deposit claim arising from the Plaintiff’s use of the Plaintiff’s vehicle of F, a stock company operated by the Plaintiff; however, at the time of the preparation of the written statement of payment, the Plaintiff agreed to be paid KRW 100,000,000 as a security deposit claim.
At this time, the Defendant signed a letter of payment as a joint and several surety, and jointly and severally guaranteed the amount of KRW 100,000,000 among the existing debt of KRW D or the agreed amount of KRW 100,000,000, and the Defendant is obliged to pay the Plaintiff the interest or delay damages.
B. (1) Defendant (1) first signed the payment note with the intent to jointly and severally guarantee the obligation of KRW 100,000,000 against D’s comprehensive construction company, and D subsequently revised the payment note by inserting the phrase “A(Plaintiff) return” at the bottom of the payment note without authority. As such, there was no joint and several guarantee contract between the Plaintiff and the Defendant under the payment note.
(2) Even if the authenticity of the entire statement of payment is recognized, the Defendant signed a payment note with the intent of a joint and several surety for D’s existing loan obligations against D’s integrated construction corporation or for D’s future loan of KRW 100,000,000, which will be borrowed as business funds, and the existing obligation or contract obligations against D’s Plaintiff asserted by the Plaintiff.