1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim against the above cancellation portion is dismissed.

3...

1. Facts of recognition;

A. On April 25, 2017, the Plaintiff lent money of KRW 35 million to C (hereinafter “the instant money”).

B. On June 27, 2017, the Plaintiff and C drafted a loan certificate (hereinafter “the instant loan certificate”) with respect to the instant money. The said loan certificate states that C pays to the Plaintiff KRW 385,00,000 (the principal KRW 3.5 million) on May 25, 2017, and KRW 3.855 million on June 26, 2017, and pays the Plaintiff KRW 3.85,000 each time from July 23, 2017 to February 23, 2018.

C. The Defendant signed the loan certificate of this case in the guarantor column.

C repaid to the Plaintiff the principal amount of KRW 28 million (3.5 million x 8 times) among the instant money.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion on the cause of the claim was paid KRW 28 million (3.5 million x 8) which is part of the principal amount of the instant money by C, and the remainder was not paid on two occasions. The Plaintiff filed a claim for the payment of the remainder amount with C, which is the principal debtor, but has gone bankrupt. As such, the Plaintiff asserted that the Defendant, the guarantor, filed a claim for only the principal amount among the instant amount, which was not paid by C, which was not paid by C in the written application for the payment order, and sought payment with KRW 7 million (3.5 million x 3.5 million x 2 times) which is not the principal amount, barring any special circumstances, the Defendant, the guarantor, is liable to pay the remainder of the principal amount unpaid by C among the instant amount of the principal amount.

B. The defendant's defense 1 is the defendant's repayment of the remaining debt of the above 7 million won, since C, the principal debtor, borrowed from the plaintiff's land owner, and the above 7 million won is the principal debtor.