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1. Plaintiff 1, among the parts against Defendant C in the judgment of the court of first instance, falls under the following amount:
Reasons
1. Basic facts
A. Upon Defendant C’s request, the Plaintiff remitted the total of KRW 11,00,000,000 to the account under Defendant B’s name on August 29, 2014, KRW 1,000,000 on September 26, 2014, KRW 6,000,000 on November 17, 2014, and KRW 11,00,000 on December 3, 2014.
B. Since April 18, 2015, Defendant C prepared a certificate of borrowing that the Plaintiff would repay KRW 10,000,000 to the Plaintiff (hereinafter “the instant certificate of borrowing”). However, the said certificate of borrowing is written in Defendant C, and the said certificate of borrowing is written in Defendant C, and the joint guarantor (joint and several obligors) is written in Defendant B.
C. The Defendants are between each other.
[Ground of recognition] The evidence No. 1-3, Gap evidence No. 2-2, and the purport of the whole pleadings
2. The Plaintiff asserts that the Defendants are jointly and severally liable to pay KRW 10 million to the Plaintiff, with the following arguments selected by the Plaintiff.
① Defendant C, who is the Plaintiff’s branch, lent money to the Plaintiff, who is the Plaintiff’s principal of the principal’s guarantee.
Accordingly, the Plaintiff remitted 11 million won to the account of Defendant B, and thereafter received 1,000,000 won from another person.
Defendant C prepared and provided the loan certificate of this case to the Plaintiff in the meaning of joint and several sureties.
② The Plaintiff lent money to the Defendants by remitting money to Defendant B’s account.
③ Even if Defendant B is not a borrower, Defendant B had Defendant C, a bad credit holder, receive the remittance of the borrowed money to his own account, and withdrawn the money deposited into his own account, and Defendant C was able to do so, and thus, he is liable for the act of expression.
④ The Defendants conspired to borrow money from the Plaintiff for the purpose of loans.
3. Determination
A. Defendant C requested the Plaintiff to remit money to the account in the name of Defendant B, and the instant loan certificate indicating himself as the debtor.