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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the case where the defendant decides on the addition of the arguments in this court as stated below, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure
2. Additional determination
A. The summary of the Defendant’s defense is that the Defendant: (a) around February 2, 2010, before the Defendant, who was the primary debtor, designated the Defendant as a bankruptcy creditor, requested the Defendant to issue a certificate of liability and issued a certificate of liability to the Defendant; and (b) as long as the extinctive prescription of the primary obligation is interrupted, it constitutes the approval of the obligation; and (c) as long as the primary obligation was interrupted
B. The recognition of an obligation as a ground for waiver of the extinctive prescription benefits can be granted in an implied manner because there is no restriction on the method of indication. However, at least, it is established by expressing the obligor’s awareness of the existence of an obligation owed by the obligee to the obligee. The interpretation of whether there is an expression of intent to that effect should be made objectively and reasonably in accordance with logical and empirical rules, and the common sense of society, with a comprehensive consideration of the content, motive and background of the act indicated or expression of intent, the purpose and genuine intent of the parties to achieve by the said expression of intent, etc., to conform to the ideology of social justice and
(See Supreme Court Decision 2008Da25299 Decided July 24, 2008, etc.) comprehensively taking account of the overall purport of the pleadings in each of the statements in the evidence Nos. 2 and 3 (including paper numbers) of the Plaintiff’s loan obligations, B, the principal debtor of the loan guaranteed by the Plaintiff, delegated D with D with the authority to apply and issue a debt certificate and a balance certificate, to apply for bankruptcy and exemption on February 2010, and to issue a debt certificate, to the effect that the principal debtor of the loan guaranteed by the Plaintiff, who is the principal debtor of the loan guaranteed by the Plaintiff, has delegated D with the authority to confirm the amount of the loan, and upon delegation by B, D with the authority to do so.