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1. Of the judgment of the court of first instance, the plaintiff against the defendant C who is equivalent to the following additional payments:
Reasons
1. Basic facts
A. In conducting financial transactions with the Plaintiff, Defendant C has used Defendant B’s financial account in the name of Defendant C.
B. Defendant C was transferred from the Plaintiff to the account in the name of Defendant B, respectively, KRW 25 million on August 17, 2015, and KRW 100 million on February 1, 2016.
Since then, Defendant C settled the financial obligation of the Plaintiff with respect to the loan amounting to KRW 50 million, the due date for repayment, the certificate of loan as stipulated on May 30, 2016 (hereinafter “instant loan certificate”), the loan amounting to KRW 70 million, and the loan certificate without the due date for repayment (hereinafter “instant loan certificate”) respectively.
Defendant C indicated Defendant B as the principal debtor on the instant KRW 50 million loan certificate and the instant KRW 70 million loan certificate, and affixed the Defendant B’s stamp image to the Defendant B, and signed it as the joint guarantor.
C. On June 14, 2016, Defendant C repaid to the Plaintiff KRW 20 million out of the total amount of KRW 120 million, out of the loan certificate of this case and the total amount of KRW 70 million.
Since then, Defendant C received additional transfers from the Plaintiff, including KRW 20 million on June 17, 2016, KRW 13 million on June 2016, KRW 200,000,000 on July 25, 2016, KRW 130,000,000 on July 25, 2016, and KRW 259,000,000 on July 28, 2016.
Defendant C, after additional settlement of the monetary obligation of the Plaintiff, set up a loan certificate of KRW 261 million with the maturity of repayment as of December 30, 2017 (hereinafter “instant loan certificate of KRW 261 million”; hereinafter the “instant loan certificate of KRW 50 million, the instant loan certificate of KRW 70 million, and the instant loan certificate of KRW 261 million, including the loan certificate of KRW 261 million with the Plaintiff.
E. On August 19, 2016, Defendant C repaid to the Plaintiff KRW 30 million out of the debt based on the instant loan certificate of KRW 261 million.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 3, Gap evidence 5-1 to 4, Gap evidence 7-1 and Eul evidence 4.