대여금
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. As to the judgment of the first instance, which was rendered on May 16, 2017 by the Defendant, the Defendant filed an appeal for subsequent completion on March 27, 2019. In full view of the records and the purport of the entire pleadings in the instant case, the first instance court proceeded with the litigation by means of service by public notice from the delivery of a copy of the complaint against the Defendant. On March 25, 2019, the Defendant must hear the fact that the said judgment was served on the garnishee of the collection order and the seizure of the claim against the Defendant as the title of execution and the service of the original copy of the judgment to the third debtor of the collection order. Thus, the instant appeal for subsequent completion filed within two weeks thereafter is lawful.
2. The assertion and judgment
A. The Plaintiff, on July 29, 2014, lent KRW 5 million to C by the due date for repayment until December 30, 2014, and the Defendant jointly and severally guaranteed the above loan obligation of C. Thus, the Defendant and C are jointly and severally liable to pay the above loan amount of KRW 5 million and the damages for delay to the Plaintiff.
B. According to the overall purport of the statement and pleading by the evidence Nos. 1 (Evidence No. 1) and the Defendant’s wife at the time, C borrowed KRW 5 million from the Plaintiff on July 29, 2014 to December 30, 2014, with the due date for repayment of KRW 30,000,000 from the Plaintiff. The Plaintiff prepared and issued a loan certificate (Evidence No. 1; hereinafter “the loan certificate of this case”) on the loan. The above loan certificate contains the indication “A” and the seal affixed to the Defendant’s name is recognized.
However, there is no evidence to prove that the Defendant written the part of “Joint Guarantee B” in his own pen (if so, the pen body of the above part appears to be similar to the pen body of the remaining parts on the above loan certificate, and it appears that C written the above part of the joint guarantor, and only it appears that C written the above part of the joint guarantor), and there is evidence to prove that the stamp image of the Defendant’s name affixed next thereto has been affixed by the seal used by the Defendant.