대여금
1. Defendants B and D are jointly and severally liable to the Plaintiff for KRW 500,000,000, and their amount from August 16, 2015 to November 2017.
The Plaintiff asserts that Defendant B (hereinafter “Defendant B”) and D were the cause of the instant claim, and that on July 16, 2015, the Plaintiff lent KRW 500,000,000 to Defendant B as interest free of charge, and that the due date was set on August 15, 2015. In this case, Defendant D jointly and severally guaranteed Defendant B’s above loan obligation. As to this, the said Defendants did not appear on the due date of pleading, and did not clearly express their intent to claim that they did not present on the date of pleading, and thus, they led to the confession of the said assertion in accordance with the Civil Procedure Act.
The plaintiff asserts that the above defendant C (hereinafter "the defendant C") has a duty to pay the above borrowed money as a joint and several surety because not only the defendant created a collateral on the property owned by the defendant C in order to secure the above borrowed money obligation, but also the above debt was jointly and severally guaranteed.
In full view of the description of evidence No. 9 and the purport of the entire pleadings, Defendant C’s permission for the use of the land E in borrowing money from Defendant B at a place other than Defendant B during the Gyeyang-si period of his possession at the request of Defendant B, the representative director of Defendant B. The fact that the registration of the establishment of a mortgage, which is the nearest maximum debt amount of 750,000, was completed on July 16, 2015 by the debtor C, the mortgagee, the Plaintiff of the right to collateral security, the maximum debt amount of 750,000,000, is recognized.
However, Defendant C jointly and severally guaranteed Defendant C’s obligation for the above loan to the Plaintiff.
In regard to whether there was an agreement by Defendant C to become a debtor for the above loan obligation against the Plaintiff, it is insufficient to recognize it solely on the basis of all the evidence submitted by the Plaintiff or all the evidence or evidence Nos. 9 and 10 submitted by the Plaintiff, and it is sufficient to acknowledge it otherwise.