The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of the appeal.

1. The reasoning of the judgment of the court of first instance cited the instant case is as stated in the reasoning of the judgment of the court of first instance, except where the court added additional judgments as set forth in paragraph (2) below. Thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. 1) The defendant's assertion that there was a false declaration of conspiracy 1) The defendant did not lend KRW 40 million to the defendant at the beginning of April 16, 2003. On January 31, 2018, the plaintiff and C, even at the time of the preparation of the original loan certificate, knew that the defendant did not have any obligation to borrow money against C, they prepared the above loan certificate with the purport that the plaintiff jointly and severally guaranteed the defendant's obligation to borrow money against C. Thus, the plaintiff's joint and several liability act against C is invalid as a false declaration.

2) In light of the judgment, as long as the document of disposition is recognized as a joint and several surety, the court shall recognize the existence and content of the expression of intent in accordance with the statement, unless there is any clear and acceptable evidence to deny the contents of the statement (see Supreme Court Decision 88DaKa 22169, Jun. 26, 190). According to the evidence Nos. 1 and 2, the defendant borrowed 40 million won from C on February 19, 2008 as interest rate of 2.5%, and the plaintiff signed and sealed it on the above loan certificate, and the plaintiff and the defendant signed and sealed it on January 31, 2018 to C, and the defendant was obligated to pay the above 40 million won as interest rate of 200,000 won to C on June 23, 2014 to C, and the above 200,000 won as interest rate of 20,000 won as above.