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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Comprehensively taking account of the purport (including the fact that there is no dispute) of the entire pleadings as to the evidence No. 1-1 and No. 2 of the basic facts, C borrowed KRW 15,000,000 from the Plaintiff on October 28, 2014 (hereinafter “the instant loan”). Upon the Plaintiff’s request, C and the Defendant issued the Defendant’s certificate of personal seal impression issued as of October 28, 2014 at the cash storage (hereinafter “the instant cash storage certificate”) under the name of the Defendant, and the Defendant’s personal seal impression issued as of October 28, 2014, the Plaintiff collected KRW 1,700,000 out of the instant loan amount through the compulsory execution of corporeal movables based on the executive title against C around November 2015.
2. Summary of the parties' arguments;
A. On October 28, 2014, the Plaintiff asserted that: (a) the Defendant guaranteed the Plaintiff’s obligation to return the borrowed amount of the instant loan to the Plaintiff (hereinafter “instant guarantee agreement”); (b) the Defendant, jointly and severally with C, has the obligation to pay the Plaintiff the remainder of KRW 13,300,000 (i.e., KRW 15,000,000 recovered by compulsory execution of corporeal movables - KRW 1,70,000 recovered by corporeal movables ; hereinafter “the balance of the borrowed amount”); and (c) the Defendant is liable to pay the Plaintiff the remainder of the cash custody certificate of the instant case submitted by the Plaintiff as the basis for the instant guarantee agreement; and (d) the Defendant is forged by C; and (e) the Defendant did not have concluded the instant guarantee agreement.
B. As to this, even if C did not receive the right of representation regarding the conclusion of the instant guarantee agreement from the Defendant, C borrowed the instant loan from the Plaintiff in order to prepare daily living expenses. As such, the obligation to return the instant loan constitutes a obligation arising from a legal act regarding daily home affairs under Article 832 of the Civil Act, and thus, the Defendant is jointly and severally liable with C to pay the remainder of the instant loan and the damages for delay to the Plaintiff.