사취금반환
1. The defendant shall be jointly and severally with Nonparty C to the date of full payment with the plaintiff KRW 125,00,000 and its amount from August 21, 2014.
1. According to the Plaintiff’s assertion and judgment, Gap evidence Nos. 1 through 3 and Gap evidence Nos. 10 (including paper numbers) and the purport of the whole pleadings, the Plaintiff and non-party C prepared a “certificate of rent” composed of KRW 150 million, creditors, and debtors, as of June 11, 2012. On June 12, 2012, the Plaintiff received a registration of creation of a mortgage of KRW 150 million, 10,000,000,000 won for seven parcels, including the maximum debt amount of KRW 1.5 billion, and KRW 2,000,000,000,000,000,000 won, KRW 450,000,000,000,000,000,000,000 won and KRW 2,501,000,000,000,000,000 won.
A. It is recognized that on October 30, 2012, the loan amount of KRW 125 million was re-written by the Plaintiff, the obligee, the obligor H Co., Ltd., and the Defendant, the joint and several sureties Co., Ltd. (hereinafter “the loan certificate of this case”).
According to the above facts of recognition, the defendant, as a joint and several surety of H Co., Ltd., is obligated to pay the plaintiff KRW 125 million and damages for delay.
2. The defendant's assertion and judgment are as follows: ① the above KRW 125 million paid by the plaintiff is not merely lent to C as the amount of investment under the investment agreement of this case is not merely lent to C; ② the defendant's assertion and judgment are written in the joint and several guarantee column of the loan certificate of this case.