대여금
1. Of the part against the defendant in the judgment of the court of first instance, the part against the plaintiff who is ordered to pay below.
1. The Defendant, along with B, issued a promissory note (hereinafter “instant promissory note”) with the Plaintiff on October 21, 2010, the face value of which is KRW 100,000,000, and the due date of which is January 21, 2011. The fact that the Defendant and B, on the date of the issuance of the instant promissory note, prepared and executed a promissory note notarial deed (hereinafter “instant notarial deed”) with the content of recognizing compulsory execution based on the instant promissory note to the Plaintiff, may be recognized either as either there is no dispute between the parties, or as a whole, by the purport of the entry and all pleadings as stipulated in subparagraph 1
2. Determination as to loan claims
A. On October 21, 2010, the Plaintiff’s summary of the Plaintiff’s assertion lent KRW 100,000 to B and the Defendant.
Even if it is not so, the defendant issued the Promissory Notes in this case to the effect that the above loans are jointly and severally guaranteed.
Therefore, the defendant is jointly and severally liable to pay the plaintiff the above loan amount of KRW 100,000,000 and damages for delay.
B. First of all, we examine whether the Plaintiff lent the above KRW 100,000 to the Defendant. The evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff lent the above KRW 100,000,000 to the Defendant, not the Plaintiff, and there is no other evidence to acknowledge this. Therefore, the Plaintiff’s assertion on this part is rejected. (B) Next, we examine whether the Defendant may be deemed to have guaranteed the above loan obligation to the Plaintiff.
There was a perception that the purpose of the use of a promissory note is to secure the obligations of a certain person against the issuer of a promissory note.
Even if it is true that a civil guarantee contract is established between the issuer of a promissory note and the creditor, it cannot be inferred from such fact.
Furthermore, a promissory note shall also bear a civil guarantee liability for a debt which is the cause of the issuance of a promissory note from the creditor's standpoint.