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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Reasons
1. The reasoning for this Court’s explanation concerning this part is as stated in Paragraph 1, except for adding “the first instance court” in the front of “witness” in Part 3 of the judgment of the first instance and adding “the second instance court” in the front of “the witness” in Part 7, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. In accordance with the instant guarantee agreement, the Plaintiff and C loaned KRW 50 million in total to E by means of remitting KRW 25 million from the Plaintiff’s account under the name of the Defendant to the Defendant’s account on April 6, 2005 and paying KRW 25 million from April 8, 2005 or around April 10, 2005.
However, E pays only interest of KRW 8 million from June 12, 2005 to September 12, 2005, and does not pay the principal and interest thereafter. As such, the Defendant, the guarantor of the instant guarantee agreement, is obligated to pay the Plaintiff, the obligee under the instant loan certificate, with an agreement of KRW 50 million with an interest rate of KRW 24% per annum from September 23, 2005 to the date of full payment, which is the date of the final payment of interest rate of KRW 50 million.
3. Determination
A. First, according to the evidence No. 6, the Plaintiff and C’s lending of the said money to E by means of remitting KRW 25 million to the Defendant’s account under the name of the Defendant for a loan to E, the Plaintiff is recognized as having remitted KRW 25 million to the Defendant’s account on April 6, 2005, but there is insufficient evidence to acknowledge that the Plaintiff and C wired the said money under the name of the Defendant for a loan to E, and there is no other evidence to acknowledge otherwise.
On the other hand, the defendant did not receive the above KRW 25 million as a loan to E, but rather did not receive the salt equivalent to KRW 18 million (excluding value added tax) to be used by the plaintiff for the processing of liquid fish by the plaintiff on behalf of the plaintiff.