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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Facts of recognition;
A. On October 7, 2007, D used a loan amounting to KRW 5.5 billion per month to E Co., Ltd. (hereinafter “debtor Company”) (hereinafter “instant loan”). At that time, Co-Defendant B guaranteed the obligor Company’s obligation of this case’s loan to the Plaintiff.
B. Around 2009, the Defendant jointly and severally guaranteed the debtor company’s debt of this case and B’s debt of this case, and on June 14, 2010, the Defendant offered a promissory note claim amounting to KRW 310 million against H as security.
C. On July 17, 2014, D transferred the instant loan claim and guarantee claim against the debtor company to the Plaintiff. B entered into a monetary loan agreement with the Plaintiff at the interest rate of KRW 500 million per annum, maturity of 12% per annum, February 28, 2015, and delay damages rate of KRW 20% per annum. The Defendant transferred the Defendant’s share in the Plaintiff Company G (40%, and 40 million shares) as collateral for the Defendant’s debt.
D In order to notify the debtor company of the transfer of the instant loan claim, D was subject to the Seoul Southern District Court Decision 2020Kao100197 (Seoul Southern District Court Decision 2020Kao100197 on May 22, 2020 on the debtor company due to the death of the representative director F of the debtor company and the unknown whereabouts of other directors, and the above decision was served on the debtor company on June 9, 2020.
[Ground of recognition] Gap evidence 1 to 8, Eul evidence 1 to 5 (including each number), the purport of the whole pleadings
2. The defendant's obligation to pay joint and several liability to the plaintiff
A. According to the above facts, the defendant is a joint and several surety of D's debtor company's debt of this case and the guaranteed debt of D's debt. D's loan claim of this case against D's debtor company and guarantor.