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1. The defendant shall be jointly and severally with C to the plaintiff KRW 95,00,000 and shall be annually from December 22, 2016 to May 30, 2017.
Reasons
1. In fact, the borrower C borrowed from A 3,00,000,000 KRW 130,000,000 for the purpose of March 2016. However, the borrower did not talk about the separate circumstances and did not observe the initial commitment date ( July 30, 2016). However, the borrower promised to pay the initial loan (one hundred and thirty thousand,000,000) and the profits by December 21, 2016 (the date of capital increase with capital). If so, I promised to be liable for criminal liability.
Comprehensively taking account of the overall purport of the pleadings in each of the statements written by Defendant A, Defendant A, No. 1, and No. 2-1, and No. 2 of the borrower on November 15, 2016, the Plaintiff wired KRW 100,000,000 on March 18, 2016 to the Defendant’s account, and KRW 25,00,000 on May 9, 2016, and the fact that C and the Defendant prepared and delivered a loan certificate with the following content to the Plaintiff.
2. Determination
(a) In general, in a case where the authenticity of a dispositive document is recognized, the existence of an expression of intent expressed in the document and the existence of a juristic act in its content must be recognized, unless there are special circumstances as acceptable and clear to deny the existence of the expression of intent expressed
B. (See, e.g., Supreme Court Decision 89Meu16505, Mar. 23, 1990).
In light of the above legal principles, the Plaintiff lent KRW 130,00,000 to C on July 30, 2016, which was due date for the repayment of KRW 130,00,000,00 to C, but the Plaintiff agreed to extend the due date for the loan repayment between C and C on November 15, 2016, and the Defendant jointly and severally guaranteed the obligation to return the loan to the Plaintiff on December 21, 2016. The testimony by the witness C alone is insufficient, and there is no other counter-proof.
C. Therefore, the defendant is a joint and several surety for the above loan repayment obligation and the remaining KRW 95,00,000,000 (=130,000,000-35,00,000) calculated by deducting the amount of KRW 35,000,000, which the plaintiff was repaid to the plaintiff jointly and severally with C, as the joint and several surety for the above loan repayment obligation.