대여금 등
The judgment of the court below is reversed, and Defendant D’s appeal is dismissed.
Defendant D. The total cost of the lawsuit after the filing of the appeal.
The grounds of appeal are examined.
1. As to the grounds of appeal as to guarantee liability, the court shall determine whether the assertion of facts is true in accordance with logical and empirical rules, taking into account the overall purport of the pleadings and the results of the examination of evidence, on the basis of social justice and the principle of equity (Article 202 of the Civil Procedure Act). The fact duly confirmed by the court of final appeal that the judgment below did not exceed the bounds of the principle
(A) The court below held that Defendant D is liable for the joint and several liability of the non-authorized representative under Article 135(1) of the Civil Act by delivering and delivering the loan certificate of this case to the Plaintiff in order to jointly and severally guarantee the obligation of Defendant B to the Plaintiff under the loan agreement of this case, or by preparing and delivering the loan certificate of this case to Defendant C in order to have the joint and several liability of the said obligation under the joint and several liability without being delegated with the authority to the joint and several liability contract by Defendant C.
The ground of appeal disputing the fact-finding of the lower court is merely an error of the selection of evidence and the determination of the value of evidence belonging to the free trial of the fact-finding court.
Furthermore, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine regarding the liability for guarantee, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.
2. As to the ground of appeal as to subjective preliminary co-litigation
A. The subjective preliminary co-litigation stipulated in Article 70 of the Civil Procedure Act applies mutatis mutandis to the subjective preliminary co-litigation under Articles 67 through 69 of the Civil Procedure Act, and the unification of litigation materials and proceedings is required. However, each co-litigants who waives or recognize a claim, compromise in the lawsuit, and take the lawsuit may be co-litigants