대여금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
1. The underlying facts are indicated as follows: “The loan certificate of February 29, 2012, prepared between the Plaintiff and the Defendants (hereinafter “the instant loan certificate”) is KRW 10,000,000; the loan certificate of March 22, 2012; the interest rate of KRW 3%; the debtor network D (hereinafter “the network”); the debtor jointly and severally liable Defendant C; and the above loan certificate of KRW 5,00,000,000 at the bottom of the above loan certificate of March 29, 2012.”
【Ground for recognition】 The fact that there is no dispute, Gap's evidence No. 1, and the purport of the whole pleading
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) On February 29, 2012, the Plaintiff asserted that the Plaintiff would be KRW 10,000,000 to the Nonparty Deceased (hereinafter “the instant loan”).
(2) On March 22, 2012, the time limit for repayment was set and lent as 3% per month, and the Defendants jointly and severally guaranteed the obligation of the deceased. After which the deceased paid only KRW 5,00,000 out of the above loan, the Defendants, a joint guarantor of the above obligation, are jointly and severally liable to pay the remainder of the loan amount to the Plaintiff, and the Defendants, a joint guarantor of the above obligation, jointly and severally liable to pay the remainder of the loan amount of KRW 5,00,000, and the delay damages. (2) The Deceased and the Defendant C, a joint guarantor of the above obligation, jointly and severally, jointly borrowed the loan of this case to the obligor column of the loan certificate of this case, and jointly and severally, Defendant C signed and sealed Defendant C on the joint and several surety column, and used KRW
However, after the completion of the above loan certificate, Defendant C, the husband of Defendant C, who became aware of the above lending of money, signed and sealed the joint and several liability column for the joint and several liability of the above loan certificate to the effect that only the part used by Defendant C would bear the joint and several liability. After that, on March 29, 2012, the Defendants repaid to the Plaintiff KRW 5,00,000 out of the above loan amount, and the Plaintiff exempted Defendant C from the joint and several liability as to the remainder of KRW 5,00,000,000.
As such, Defendant B bears the joint and several liability in respect of the remaining amount of KRW 5,00,000, which is the remainder of the loan in this case.