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1. The defendant shall be jointly and severally and severally with B Co., Ltd. and D, KRW 200,000,000, and it shall be from October 6, 2013 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion 1): the Defendant Company B (hereinafter “B”)
(2) As a joint and several surety for the Plaintiff, etc.’s loan obligation amounting to KRW 200 million, the Defendant sought payment. (2) As can be seen through the fact that G’s personal seal is affixed on the cash car certificate prepared at the time, the Defendant’s representative director, and it is not the Defendant’s representative director, nor the Defendant’s representative director, and even if not, it is not a simple guarantee, it is not a joint and several surety.
B. 1) On August 14, 2006, the Plaintiff: (a) on October 12, 2007 and D (Supreme Court Decision C, C, C, and D (Supreme Court Decision on March 28, 2014) as the due date for payment; (b) lent KRW 200 million to the Defendant (F, Co., Ltd. before the change: hereinafter “instant guarantee”); and (c) as the merchants, guaranteed the performance of the above loan obligations (hereinafter “instant guarantee”).
(2) On October 13, 2006, the surety column of the loan certificate (No. 6), written at the time, the Defendant’s trade name and location, and the name side of the representative director G, H, acting for the Plaintiff, requested the Plaintiff to replace the above loan certificate with the Defendant’s corporate seal affixed thereon, not the G individual seal, and B, D and G, written on October 13, 2006, the Defendant’s corporate seal affixed to the guarantor column (No. 7).
3) On August 14, 2008, the Plaintiff agreed with B and D on October 12, 2009 with the due date for the above borrowed amount extended on or around October 12, 2009, and newly written the certificate of the borrowed amount (Evidence A (Evidence A 5). The guarantor column of the above borrowed amount bears the Defendant’s seal. 4) The Plaintiff was paid KRW 2 million per month from B and D as interest or delay damages until October 5, 2013.
[Ground of recognition] The plaintiff is the plaintiff, Gap 5 through 9, 13 evidence Gap 5 and 7 evidence Nos. 8 and 9, and the witness H.