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1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. Judgment on the main claim
A. The gist of the Plaintiff’s assertion was at the time when Defendant B and D borrowed KRW 30 million from E on July 20, 2005 (hereinafter “instant loan”). Upon the request of the said Defendants, the Plaintiff guaranteed the above loan obligation. After that, Defendant C, who is the children of Defendant B, issued a promissory note amounting to KRW 30 million at the face value to E jointly with Defendant D.
Defendant B and D, the principal debtor of the instant loan, paid the principal and interest of the instant loan to E on August 4, 2006, KRW 4.5 million, KRW 20 million on August 7, 2006, KRW 10 million on August 10, 2006, and KRW 10 million on August 10, 2006.
Therefore, Defendant B and D are the principal obligor of the instant loan, and Defendant C is jointly and severally liable to pay the Defendants the sum of the above repayment amount of KRW 34.5 million and damages for delay to the Plaintiff, jointly and severally, who assumed the Defendant B’s obligation jointly and severally, and discharged the Defendants’ obligation on behalf of the surety.
B. The Plaintiff’s repayment of the principal and interest of the instant loan to E may be acknowledged by the purport of the entry of the Plaintiff’s evidence No. 8 and the entire pleadings. However, in full view of the following circumstances known by the purport of the entry of the Plaintiff’s evidence No. 1 through No. 10 and the entire pleadings, it is reasonable to deem the instant loan to be the Plaintiff even if the person who actually used the instant loan was not the Plaintiff but the Defendant, and therefore, the Plaintiff’s primary claim based on the premise that the principal obligor of the instant loan is Defendant B and D and the Plaintiff is the surety is without merit.
1. The Plaintiff asserts to the effect that, as a guarantor, the Plaintiff received all documents related to the instant loan from E in order to repay the instant loan debt and exercise the right to indemnity. However, Defendant B and D are the principal debtor of the instant loan.