1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Basic facts

A. On September 17, 2010, the Defendant and the Co-Defendant B of the first instance trial prepared and issued to the Plaintiff and E a certificate of borrowing KRW 70,000,000 from them at the interest rate of 2% per month and on September 17, 2011 (hereinafter “certificate of borrowing 1”).

B. After that, around September 29, 2010, B prepared a loan certificate stating that the Plaintiff and E shall borrow 200,000,000 won at an interest rate of 24% per annum (payment on September 28, 201) and the due date of payment on September 28, 2011 (hereinafter "the second loan certificate", and "the first loan certificate and the second loan certificate" shall be referred to as "the loan certificate in this case"), and the Defendant and C jointly and severally guaranteed this.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Upon the request of the Defendant and N, the Plaintiff and E frequently lent money to C and B within the limit of KRW 270,00,000 with the real estate purchase fund. (ii) Accordingly, the Plaintiff and E have prepared the instant loan certificate equivalent to KRW 270,00,000,000, around September 17, 2010, and paid KRW 70,000,000 around the 29th of the same month, around 30,000, around the 30th of the same month, and KRW 24,00,000,000 around April 18, 201, and KRW 270,000,000, including KRW 38,000,000 around the 28th of the same month.

3) Of the above KRW 270,00,000, the Plaintiff lent KRW 170,000,000, and KRW 100,000,000 to E. However, E was fully repaid with the principal amount of KRW 100,00,000,00, and the Plaintiff was unable to receive the remainder of KRW 79,010,610,00 after deducting the principal amount of KRW 90,000,00,000, and the auction dividends amount of KRW 989,39,390. Accordingly, the Defendant and the Plaintiff should jointly and severally pay the remainder of the borrowed amount of KRW 79,010,610, and damages for delay.

B. Defendant 1) In preparing the instant loan certificate, B borrowed money from the Plaintiff and E, and the money jointly and severally guaranteed by the Defendant is not KRW 270,000,000 but KRW 200,000,000. B paid to the Plaintiff and E in full.

3. Determination

A. The instant case.