대여금
1. The part regarding the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
1. On January 7, 2008, the Plaintiff has the loan certificate stating the following and the Defendant’s certificate of personal seal impression and resident registration certificate issued by the Defendant himself.
The borrower: B (D) the guarantor: C (E) the amount of loan from Gwangjin-gu Seoul Special Metropolitan City (85,000,000 won)
1. The borrower B shall borrow from the borrower on January 4, 2008 the gold million won (85,000,000 won).
2. The agreed interest shall be agreed on the third installment of a month and the maturity shall be the last day of January 2008.
3. In the event that the borrower B is unable to repay this money on the date of repayment, he shall be liable for civil and criminal liability without any condition and shall be repaid at the end of June 2008.
(s) full amount shall be paid. 4. Omitted.
5. An omitted borrower on January 7, 2008: B (D): The fact that there is no dispute over C (E) G (based on recognition), Gap evidence 1, 2-3, and 4, and the purport of the whole pleadings.
2. The assertion and judgment
A. The Plaintiff asserted that the Plaintiff lent KRW 100 million to B, and agreed to pay KRW 3% of interest monthly around January 7, 2008 and KRW 15,000,000 on the last day of each month from January 7, 2008, and to pay all of them until June 30, 2008.
At that time, the Defendant had the husband’s intent to guarantee the above loan obligation against the Plaintiff. On January 7, 2008, the Defendant concluded a guarantee contract with the Plaintiff through B, such as the certificate of personal seal impression, resident registration certificate, and the Defendant’s unmanned seal affixed to B.
In addition, the defendant made a statement to the effect that the defendant received a telephone from the plaintiff and recognized the above guaranteed obligation.
Therefore, as a guarantor of B, the Defendant is obligated to pay the Plaintiff KRW 85,000,000 and interest or delay damages thereon.
(b) Determination 1) A’s evidence Nos. 1 (Evidence) and a private document that has the formal evidence history of the Defendant’s name is presumed to be genuine when the signature, seal, or seal of the principal or his agent is affixed (the Civil Procedure Act).