청구이의
1.The judgment of the first instance shall be modified as follows:
Done at January 16, 2007, in relation to the defendant's three-way law firm against the plaintiff.
1. With respect to the plaintiff's claim, the court of first instance rejected the plaintiff's claim only for the portion exceeding 13,480,000 won (=the amount of debt 60,000,000 won - 46,520,000 won on the Notarial Deed C - 46,520,000 won on the ground that the plaintiff or C paid by subrogation to the fraternitys who are the defendant's children to the defendant, 17,520,00 won, and 29,520,000 won on the part of the plaintiff's claim and dismissed the other claim.
Therefore, since only the plaintiff appealed on the part against the judgment of the court of first instance, the scope of the judgment of the court of first instance is limited to the above dismissed part.
2. Basic facts
A. On September 10, 2006, C, the Plaintiff’s mother, joined 52,50,000 won (on a monthly basis, KRW 1,500,000, and KRW 2,000 after the receipt of the fraternity) and 35,00 (hereinafter “instant fraternity”), and received the fraternity around January 10, 207.
B. C in order to secure the payment of the remaining amount of KRW 60,000,000 (2,00,000 x 30 months x 30 months) of the instant fraternity upon receipt of the fraternity, on January 16, 2007, upon approval by C under a mutual savings agreement of September 10, 2006 that C bears the Defendant’s obligation of KRW 60,000,000, and this shall be paid in 2,000 each month from February 10, 2007 to March 30, 2007, the notarial deed of the said mutual savings agreement (a mutual savings agreement of KRW 100,000) (hereinafter “notarial deed of this case”). The Plaintiff jointly and severally guaranteed the Defendant’s obligation.
C. C around December 25, 2006, around December 25, 2006, 30,000 won (1,500,000 won monthly payment, and 1,800,000 won after the receipt of the fraternity) and 20,00 won (20,000 won) by the Defendant’s leader.
No. 9 of the title 1, and the amount of guidance was received around August 2007.
C The guidance money shall be paid up to the time of receiving the guidance money of this case and the guidance money of 20.