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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 judgment of the court of first instance.
Reasons
1. On November 16, 2015, the Plaintiff asserted that the Plaintiff lent KRW 11 million to C on the loan, and the Defendant jointly and severally guaranteed the above loan debt (hereinafter “the loan debt”). As such, the Defendant is jointly and severally liable with C to pay the loan amount of KRW 8.5 million and the damages for delay payable to the Plaintiff.
2. The facts that C borrowed KRW 11 million from the Plaintiff on November 16, 2015, and that C repaid to the Plaintiff, on February 5, 2016, KRW 2 million out of the principal debt of the instant loan, and August 31, 2016, respectively, of the principal debt of the instant loan, do not conflict between the parties.
However, in light of the following circumstances acknowledged in Gap evidence No. 4, namely, ① there was no separate document on the joint and several guarantee of the loan debt of this case between the plaintiff and the defendant, and ② it is difficult to find out the content that the defendant explicitly guaranteed the loan debt of this case in the message received and sent by the plaintiff and the defendant, it is insufficient to recognize that the defendant guaranteed the loan debt of this case only with the above facts and the descriptions of Gap No. 3 and No. 4, and there is no other evidence to support them. Thus, the plaintiff’s above assertion is without merit.
3. The plaintiff's claim against the defendant should be dismissed as it is reasonable.
The judgment of the first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.