보증채무금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. C is the Defendant’s wife.
B. The Plaintiff set the interest rate of KRW 10,000,000 per month to C as one percent per month, and paid KRW 30,000,000 in total by setting the maturity on November 10, 2005 as April 30, 2006, July 3, 2006 as the maturity date on April 30, 2007, and February 25, 201 as the maturity date on August 25, 201, on three occasions, respectively.
(See Evidence No. 5, No. 3, of the Plaintiff’s complaint).
C up to February 2017, only paid the Plaintiff the amount equivalent to the monthly interest of KRW 30,000,000,000 as above, and did not pay the principal and interest thereof.
(See the fifth page of the plaintiff's complaint records) . 【The entry of evidence Nos. 3 (if there are more than one number, the number shall be included; hereinafter the same shall apply) of the ground for recognition and the purport of the whole pleadings.
2. The gist of the Plaintiff’s assertion was C’s joint and several sureties’s obligation to borrow KRW 30,000,000.
The defendant shall pay 30,000,000 won and damages for delay, which are the principal of joint and several sureties, to the plaintiff as the creditor.
3. Determination
A. As shown in the Plaintiff’s assertion, the part of “A’s joint and several surety B (referring to the Defendant)” of “A’s evidence Nos. 1-3 (each loan certificate and cash custody certificate)” cannot be used as evidence because there is no evidence to acknowledge the authenticity.
B. In light of the above basic facts, and the following circumstances revealed by comprehensively taking account of the descriptions of Gap evidence 3, 4, and 5 and the purport of the entire pleadings, it is merely deemed that the principal obligor C voluntarily expressed to the plaintiff the intent that "the defendant guaranteed the above loan obligation without the defendant's permission," and it is difficult to view that the defendant guaranteed the plaintiff's obligation to the plaintiff, and there is no other evidence to acknowledge it otherwise.
The plaintiff's claim premised on the defendant's joint and several liability cannot be accepted even if it is no longer examined.
① There is no fact that C borrows each of the loans of KRW 10,000,000 as of November 10, 2005 and July 3, 2006.