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1. The Defendant’s KRW 161,898,630 among the Plaintiff and KRW 100,000 among them, shall be KRW 50,00,000 from September 10, 201.
Reasons
Basic Facts
The Plaintiff leased KRW 10,00,000,00 to the Defendant’s private village (hereinafter, Nonparty) on December 26, 2010 as the due date for reimbursement of KRW 2% on December 31, 2010 and the interest rate monthly. On January 19, 201, the Plaintiff leased KRW 50,000,000 to the Nonparty (hereinafter, Nonparty) as the due date for reimbursement of KRW 31, 201 and the interest rate monthly.
(B) On February 25, 2013, the Defendant issued a promissory note with a face value of KRW 180,000 to the Plaintiff to secure each of the instant loans. The Defendant issued a promissory note with a face value of KRW 180,000 to the Plaintiff.
(hereinafter) The Plaintiff asserts that, at the time of each of the loans in this case, the Defendant made a verbal joint and several guarantee for each of the loans in this case against the Plaintiff, as stated in Gap evidence Nos. 1, 2, and 12, and the purport of the whole pleadings.
The plaintiff's assertion is without merit, since there is no evidence to prove that the defendant made a verbal joint and several guarantee as alleged by the plaintiff.
The Plaintiff asserts that the Defendant issued the Promissory Notes to the Plaintiff, and that each of the loans of this case was jointly and severally guaranteed or concurrently acquired.
However, even if a promissory note was issued or endorsed on a promissory note to secure a specific person’s obligation, such circumstance alone alone does not lead to the conclusion of a civil guarantee agreement between the issuer or endorser of the promissory note and the obligee, and the obligee has the intent to demand that the obligee be liable for civil guarantee for the obligations arising from the issuance or endorsement of the promissory note. The issuer or endorser of the promissory note also issued or endorsed the promissory note in response to the obligee’s intent and the content of the obligation. In other words, it is recognized that the issuer or endorser of the promissory note did not merely grant credit to the obligee in the form of a civil guarantee, but also granted credit in the form of a civil guarantee.