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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part of the reasoning is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff’s assertion 1) C E company (hereinafter “E company”)
(2) Even if the Plaintiff borrowed KRW 65 million from the Defendant from the Defendant as a chief knowledge, the Defendant, the Plaintiff, and E agreed on May 31, 2017 to change the obligor from the Plaintiff to E company, and thus, the Plaintiff’s obligation was extinguished by the change of the obligor.
3) Even if E, upon the preparation of the above loan certificate, took over the Plaintiff’s debt overlappingly, as of June 14, 2017, E company’s debt owed to the Defendant was changed to the repayment obligation of deposit for lease, and E company’s debt was extinguished by novation, and accordingly, the Plaintiff’s debt owed to the Defendant was extinguished. (b) The Defendant’s assertion 1) as the Plaintiff’s representative director, C borrowed KRW 45 million from the Defendant, and KRW 20 million from the Defendant on April 2, 2016.
2) As the awareness of E company, C prepares a loan certificate on May 31, 2017, in the sense that E company guarantees the Plaintiff’s obligation to the Defendant, and the obligor of the loan is not agreed to change from the Plaintiff to E company. 3) A entered into a contract based on the loan certificate prepared by C on May 31, 2017, with the intent of guaranteeing the Plaintiff’s obligation to the Defendant. It is null and void as E performs the act of assuming the obligation without the approval of the G company, which is the head office of E company.
4) Since C prepares a lease agreement within the meaning of a security for a loan obligation owed by the Plaintiff and E to the Defendant, the obligation of E company is not extinguished by novation. 5) Even if the conclusion of the above lease agreement constitutes a novation, C shall be deemed to constitute a novation.