A. On June 25, 2014, the Plaintiff’s first joint and several sureties (hereinafter “first joint and several sureties”) received a request from the Defendant to grant a loan of KRW 30,000,000 from the Defendant. The Plaintiff jointly and severally guaranteed the Defendant’s obligation of KRW 10,000,000 for each of the Defendant’s loans to C, D, and E on June 27, 2014 (hereinafter “first joint and several sureties”). Since the Defendant was not repaid the above lending obligation, the Plaintiff paid KRW 10,00,000 for each of the above lending companies on March 17, 2016, and repaid KRW 30,000,000 in total with the Defendant’s loans of KRW 10,000 from the Defendant on August 3, 2015, the Plaintiff received a request to obtain a loan of KRW 10,000,000 from the Defendant and the Defendant’s joint and several sureties.

(hereinafter “Secondary Joint and Several sureties”). After that, the Defendant did not repay the above loans, and the Plaintiff repaid KRW 10,000,000 to the lending company on March 17, 2016.

C. Around October 15, 2015, the Defendant paid the Plaintiff’s communications fee on behalf of the Plaintiff, stating that “A person would pay the Plaintiff the unpaid communications fee,” and the Plaintiff paid 904,220 won for the unpaid communications fee on October 16, 2015.

As a result of a criminal case against the defendant, the plaintiff filed a complaint against the defendant on the ground that the plaintiff, who did not have the intent or ability of the defendant to pay, caused the plaintiff to stand a joint and several surety and to pay communications fees on behalf of the plaintiff. On February 3, 2017, the Seoul Central District Court sentenced the defendant one year of imprisonment with prison labor for the crime of the attached Form, including the first, second, joint and several surety, and the payment of communications fees, in the case of fraud.

Accordingly, the defendant appealed (Seoul Central District Court 2017No787 fraud case), and the appellate court found the defendant not guilty of the charges concerning the first joint and several sureties on May 26, 2017 and the second joint and several sureties.