Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

A. From the Plaintiff’s account to the Defendant’s bank account, KRW 30,000,00 on August 22, 2007, and KRW 50,000 on August 24, 2007, respectively, were remitted, and KRW 102,50,000 on January 209, and KRW 17,500,000 on August 6, 2009 were additionally remitted.

B. On January 17, 2007, the Plaintiff lent KRW 20,000,00 to the Defendant’s office E, and the Defendant guaranteed the Defendant’s obligation to borrow money.

C. Meanwhile, around August 3, 2009, the Defendant prepared a cash custody certificate (hereinafter “the cash custody certificate of this case”) with the Plaintiff’s husband C to refund KRW 130 million to the Plaintiff’s husband C by 2009 (not being monthly). On the back of the cash custody certificate of this case, the Defendant delegated the Plaintiff’s promise to perform the right to have the right to have the said right more than twice.

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On September 1, 2007, the Defendant opened and operated an entertainment drinking club (hereinafter “instant main shop”) under the trade name “D” from Gangnam-si on September 1, 2007, and filed a report on the closure of business as to the said main shop on September 11, 2017.

[Ground of recognition] Gap evidence Nos. 1, 2, 4, 5, and Eul evidence Nos. 2, testimony of witness C of the first instance trial, the purport of the whole pleadings

2. Around August 2009, the Plaintiff’s husband and wife, and the Defendant agreed to operate the instant main points as a partnership business, and the Defendant independently agreed to pay to the Plaintiff the settlement amount of KRW 130 million up to the end of 2009,000,000 to the Plaintiff by the end of the year 2009. Since the Defendant paid only KRW 89 million up to April 29, 2015, the Defendant paid the interest calculated at the statutory interest rate of KRW 5% from January 1, 2010, which was due, after the due date, and appropriated it to the principal, the remaining principal and interest remaining as of January 28, 2020 shall be KRW 79,435,243.

Therefore, the defendant is obligated to pay to the plaintiff damages for delay of KRW 79,435,243 as well as KRW 64,181,215 as principal.

3. Determination

A. The Defendant jointly and severally guaranteed the debt of KRW 20,000,000 from E on January 17, 2007, and thereafter, the sum of KRW 97,500,000 from the Plaintiff’s account to January 2008 is the Plaintiff’s new bank account.