약정금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. On March 2006, C wishes to compensate the Plaintiff for any part of the damages inflicted on the Plaintiff by its own fraudulent act, and around December 31, 2006, C paid the Plaintiff KRW 30 million to the Plaintiff, and the interest in arrears was created and provided with a written undertaking with 25% per annum (hereinafter “instant undertaking”). The Defendant, who is jointly responsible for the fraud of C, jointly and severally liable for the obligation under the instant undertaking, was jointly and severally guaranteed by C and the Defendant did not pay the obligation.
Therefore, the defendant, who is a joint and several surety, is liable to pay to the plaintiff the above 30 million won and damages for delay at the rate of 25% per annum from January 1, 2007 to the day of full payment.
2. The evidence No. 1 (this case’s promise) that corresponds to the Plaintiff’s assertion that the Defendant’s name as a joint guarantor is several times, but the Defendant’s name as a joint guarantor is not admissible as evidence because there is no evidence to acknowledge the authenticity, and there is no sufficient evidence to deem that the Defendant jointly and severally guaranteed the obligation under the instant promise.
Therefore, the plaintiff's claim cannot be accepted.
3. In conclusion, the judgment of the first instance cannot be maintained differently from this conclusion, and thus, the defendant's appeal is accepted and revoked, and the plaintiff's claim is dismissed.