Of the judgment of the first instance, the part against the Defendants exceeding the amount ordered to be paid shall be revoked.

1. Facts of recognition;

A. On August 16, 2016, the Plaintiff, under Defendant B’s joint and several sureties, lent KRW 60,200,000 to E, which is the Defendants’ subsidiaries, as of September 20, 2017 and as at 2.5% of the interest month.

(B) On April 28, 2017, the Plaintiff leased KRW 9 million to D, his mother-child, the Defendants’ mother, with the due date set as May 28, 2017 and as 2.5% per month interest (hereinafter “second lending”). (c)

On January 2019, Defendant C, in writing, written to the Plaintiff in the principal column of the borrowed loan certificate for the first loan, stated “in addition amounting to KRW 9 million,” and affixed his seal imprint to that part, and written his name, resident registration number and address in the column of joint and several sureties, and affixed his seal imprint to the Plaintiff.

Defendant C agreed to jointly and severally pay to the Plaintiff the total amount of KRW 69.2 million and interest accrued from May 16, 2017 by preparing the disposal document as above.

[Reasons for Recognition: Facts without dispute, entry of Gap 1-1-2 and 2, partial testimony of the first instance trial witness F, purport of whole pleadings]

2. The party's assertion and judgment

A. According to the above facts finding as to the cause of the claim, the plaintiff is obligated to pay the loan totaling KRW 69.2 million as a joint guarantor of the 12th loan debt and the agreed interest or delay damages. The defendant B is jointly and severally liable with the defendant C to pay the loan totaling KRW 69.2 million as a joint guarantor of the 12th loan debt.

Although the Plaintiff filed a claim against Defendant B for the second loan amounting to KRW 9 million, there is no evidence to acknowledge that Defendant B had jointly and severally guaranteed the second loan obligation, the fact that Defendant C written an additional amount of KRW 9 million on the loan certificate for the first loan is recognized as above, but it also recognized that Defendant B also jointly and severally guaranteed the second loan amounting to KRW 9 million.