대여금
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. On December 30, 201, upon the Defendant’s request, the Plaintiff leased KRW 100,000,000 (hereinafter “instant loan”) for the operating capital of the instant company to Defendant D Limited Liability Company (hereinafter “Defendant Company E prior to the change”) and Defendant B and Defendant of the first instance trial (hereinafter “instant contract”). The loan certificate prepared at the time of the instant contract (hereinafter “the instant loan certificate”) was signed and sealed by the Defendant as Defendant B, the Defendant Company of the first instance is a joint guarantor, and the Defendant’s resident registration certificate was signed and sealed by the Defendant Company of the first instance on December 30, 201, and attached with the copy of the Defendant’s resident registration certificate. Accordingly, the Defendant is jointly and severally liable to repay the instant loan to the Plaintiff with Defendant of the first instance trial, Defendant B and the Defendant Company of the first instance trial.
2. In light of the following facts or circumstances, it is difficult to recognize the Defendant as the obligor of the instant loan obligation in full view of the contents of the party examination of the Defendant B in the first instance trial, the witness I’s testimony and the entire purport of oral argument in the evidence Nos. 1 through 8 as to the cause of the claim. Thus, the Plaintiff’s claim is without merit.
1) The debtor of the loan certificate of this case is written only by the defendant B of the first instance trial, and only the defendant company of the first instance trial is written as joint and several sureties. The mere fact that a copy of the defendant's resident registration certificate is attached to the loan certificate of this case is difficult to deem that the defendant explicitly expressed his/her intent to bear the loan obligation of this case as the debtor on the loan certificate of this case, which is a disposal document. 2) The defendant B of the first instance trial and the defendant jointly operated the defendant company of the first instance trial, and on September 20, 2010, the defendant B was appointed as the director of the defendant company of the first instance trial
The Defendant Company of the first instance borrowed funds from F (former G) and the Defendant jointly and severally guaranteed the above obligation, and the Defendant Company of the first instance was above.