대여금
1. The appeal by the defendant (appointed party) is dismissed;
2. The costs of appeal shall be borne by the defendant (appointed party).
1. The grounds for the court’s explanation concerning this case, such as accepting the judgment of the court of first instance, are as stated in the reasoning of the judgment of the court of first instance, except for modification of three to seven-16 of the judgment of the court of first instance as stated in the following two, thereby citing it as it is in accordance with the main sentence of Article 420
2. Revised parts
B. The defendant asserts as follows.
On October 19, 2009, the Plaintiff, G, and F invested KRW 50 million in KRW, G 65 million, and F 60 million in total in the name of the Plaintiff’s name and lent KRW 175 million to the Selection Party C. The Defendant and the Selection Party D jointly guaranteed the obligation to return the loan.
After that, on May 2010, the Plaintiff, G, and F agreed with the Defendant to waive the remainder of the loan claims against D and to cancel the right to collateral security in the Plaintiff’s name of H apartment 101, 301, 301, 301, owned by D.
Accordingly, the Plaintiff is unable to comply with the Plaintiff’s request, since the Plaintiff was paid the principal and interest of the loan amounting to KRW 30 million from the Defendant, and waived the remaining loan amount to KRW 30 million, and cancelled the right to collateral security against the said KRW 301, and withdrawn the application for compulsory auction.
In addition, since actual creditors or G and F, who are co-creditors, waives their claims against the Defendant and return the original copy of the document proving the cause of claims, such as the loan certificate, to the Defendant side, the Defendant side is obligated to pay only the principal and interest of KRW 41,428,571, which is the Plaintiff’s share ratio among the remaining loans of KRW 145,00,000 (=145,000 x 50,000 x 175,000,000).
(i) Eul evidence of heading 10, 11, 14, 15 (including branch numbers, if any; hereinafter the same shall apply);
(A) On October 19, 2009, the Plaintiff, G (Agent E), and F entered into an investment agreement with the following contents, comprehensively taking into account the purport of the entire pleadings.
1.The lending of a loan shall be made to the borrower C.