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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Facts of recognition;
A. On August 27, 2016, the Plaintiff leased KRW 10 million to C (hereinafter “instant loan 1”) as of July 27, 2017, with the due date set by the Plaintiff, and received from C the certificate of borrowing (a certificate No. 1-1, hereinafter “the instant loan 1”) stating the content of the loan agreement.
In the joint and several guarantee column of the first loan certificate of this case, the name, address, resident registration number, and contact information of the defendant are written as the defendant's own pen.
B. On September 5, 2016, the Plaintiff leased KRW 10 million (hereinafter “instant loan”) to C on a set date as of August 26, 2017, and received a certificate of borrowing (No. 1-2, hereinafter “certificate of borrowing”) stating the content of the said loan agreement from C.
The front of the second loan certificate of this case includes the contents of the above loan agreement and the names, addresses, resident registration numbers, and other information of the cash borrower (C) and the joint and several sureties (D). The back of the loan certificate of this case includes the defendant's address, name, resident registration number and contact numbers in the following forms:
(Surety) The fact that there is no dispute over EBF-(hereinafter omitted) G in North Korea, the entry of Gap evidence Nos. 1 through 3 (including each number, if any), the result of the written appraisal of appraiser H in the first instance court, and the purport of the whole pleadings.
2. The parties' assertion
A. The gist of the Plaintiff’s assertion was that the Plaintiff lent KRW 20 million in total to C, and the Defendant jointly and severally guaranteed each of the above loans owed to C by the Plaintiff. As such, the Defendant is liable to pay the Plaintiff the above KRW 20 million and damages for delay.
B. The defendant's summary of the defendant's assertion does not have a joint and several guarantee for C's respective loan obligations against the plaintiff.
Even if the defendant guaranteed or guaranteed each of the above loans, the defendant is liable for the loans of this case 2.