대여금
1. The plaintiff's claim that the court changed in exchange is dismissed.
2. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Defendant was a person who worked for a term “E” in the trade entertainment tavern (hereinafter “previous entertainment tavern”) with “C”. Around November 201, the Defendant agreed to leave the place of business with “E” in the trade name of “E” located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant entertainment tavern”).
At the time, F, G (hereinafter referred to as “F, etc.”) operating an entertainment drinking club in the instant case paid out on behalf of the Defendant a debt equivalent to KRW 150 million for the proprietor of the previous entertainment drinking club. Accordingly, on November 1, 2011, the Defendant received a certificate of borrowing (i.e., the card No. 1, interest, the due date, the date of payment, the date of preparation, etc.) of KRW 150 million in face value (the card No. 2, the recipient, the place of payment, the place of payment, the date of publication, the date of publication, etc. are all blanks), a promissory note (the card No. 2, the card No. 1, the place of publication, the issue date, etc.) of KRW 150 million in face value, KRW 150,000,000 in cash for the proprietor of the previous entertainment drinking club, KRW 150,000,000 from the Defendant, respectively.
(hereinafter the Defendant’s obligation to F, etc. is “the instant prepaid payment obligation”
The Plaintiff is a person who works as a marina in the instant entertainment tavern and repaid 22 million won out of the instant prepaid money to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, and part of Gap evidence Nos. 6 and 8 (including a serial number; hereinafter the same shall apply). However, as seen below, the "new and joint guarantee certificate" in the plaintiff's name among the evidence Nos. 8 is disputed by the defendant as to whether the part was prepared at the time of the above delivery, and the purport of the whole pleadings.
2. The assertion and judgment
A. The summary of the parties’ assertion 1 ① The Plaintiff jointly and severally guaranteed the Defendant’s obligation to the Defendant’s F, etc., and subrogated for KRW 7,845,00 to F, etc. from August 5, 2015 to April 25, 2018 pursuant to the joint and several guarantee agreement.
② On January 8, 2019, the Plaintiff is against F, etc.