대여금
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
1. The following facts may be found either in dispute between the parties or in the entry in Gap evidence Nos. 3 and Eul evidence Nos. 2 to 5, with a comprehensive view to the whole purport of the pleadings:
Around May 2007, C, the Defendant’s birth, entered into a contract with the Plaintiff to acquire “D” from the Plaintiff in the amount of KRW 35,00,000.
B. On May 1, 2007, C prepared and delivered a certificate of money borrowed by C, stating that “I will pay 1 million won to you, by the end of each month,” and “I will pay 35 million won in daily amount (Provided, That the same shall not apply to KRW 1 million) to the Plaintiff.”
C. After that, C paid a total of KRW 17,00,000 to the Plaintiff by February 26, 2009.
2. Summary of the parties' arguments;
A. After borrowing KRW 35,00,000 from the Plaintiff as well as the Defendant and C, the Plaintiff paid only KRW 17,000,000 to the Plaintiff. As such, the Defendant is jointly and severally liable with C to pay the Plaintiff the balance of the borrowed amount of KRW 18,00,000 (=35,000,000 - 17,000,000) and damages for delay.
B. Defendant C merely borrowed KRW 35,000,000 from the Plaintiff, and the Defendant is not the obligor or the joint guarantor of the above borrowed amount.
The guarantee certificate of the name of the Defendant submitted by the Plaintiff (A No. 2, hereinafter “instant guarantee certificate”) is forged by C.
3. Therefore, it is insufficient to acknowledge the Plaintiff’s above assertion that the Defendant jointly borrowed KRW 35,00,000 from the Plaintiff with the Plaintiff, on the sole basis of the facts acknowledged earlier, and the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge this. Therefore, the Plaintiff’s above assertion is without merit.
Meanwhile, according to the purport of Gap evidence No. 2 and the entire pleadings, the plaintiff's name "the defendant confirms that he/she shall be liable for 28,000,000 won borrowed from Dong C to the plaintiff until he/she fully pays the principal."