대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. We examine the judgment on the cause of the claim; the Plaintiff leased KRW 5,00,00 to B on March 12, 200 as interest rate of 14% per annum (24% per annum per annum); and the period of loan 12 months; the Defendant guaranteed the above debt at the time; and the principal and interest on the part of the Defendant included in the outstanding amount as of December 29, 201 as of KRW 7,456,982 (i.e., the principal included in the included principal amount of KRW 5,00,000, KRW 2,455,888, KRW 1,094) is no dispute between the parties; and barring any special circumstance, the Defendant is jointly and severally liable to pay the Plaintiff the above annual interest rate of KRW 7,456,982, KRW 5,000 per annum from the date following the record date to the date of 15,215,200,000 per annum under the Civil Act.
2. Judgment on the defendant's assertion
A. Inasmuch as the Defendant’s primary debtor B and C, who is the friendship of the Defendant and the Defendant, are capable of performing their obligations, it is unreasonable for the Defendant, who is in a personal relationship with the Defendant, to bear the responsibility of joint and several liability against the Plaintiff.
B. According to the reasoning of the evidence No. 1, the Defendant and C were married on Aug. 30, 2001 and they were married on Jan. 4, 2013. However, the marriage relationship between the Defendant and C was terminated only after the conclusion of the contract of the instant joint and several liability, and the joint and several liability contract between the Plaintiff and the Defendant was retroactively rescinded.
It is difficult to see that the defendant's joint and several liability is exempted, and it is difficult to accept the above argument.
(b).