beta
Text
1. As to the Plaintiff’s KRW 38,00,000 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 28,00,000 from November 1, 2016.
Reasons
1. Basic facts
A. The plaintiff and the non-party D are married couple, and they are married between D and the defendant, and the defendant and the non-party E were relatives.
B. Nonparty F, upon D’s request on June 13, 2016, set the maturity of KRW 15 million to E (hereinafter “the first loan”) as of November 30, 2016.
C. On June 13, 2016, upon D’s request, the Plaintiff lent KRW 13 million to E (hereinafter “instant secondary loan”) on November 30, 2016, with the due date fixed. On July 11, 2016, the Plaintiff set KRW 10 million (hereinafter “third loan”) to E as the due date for payment on October 30, 2016.
E prepared three copies of the loan certificate of each of the instant loans. At the bottom of the first loan certificate of this case, “Surety” is indicated as “Surety,” and the Defendant’s seal is affixed on the name next thereto. At the bottom of the second and third loan certificate of this case, “Surety” and the Defendant’s resident registration number are indicated, and the Defendant’s seal is affixed on the name next to that.
E. The “Surety” of the first loan loan certificate of this case was stated D, and the “Surety and resident registration number” of the second and third loan certificate of this case was stated directly by the Defendant.
F. Upon D’s request on March 2017, the Plaintiff subrogated for KRW 15 million for the instant first loan obligation against EF.
G. On July 17, 2019, in the Gunsan Branch of the Jeonju District Court, E had been sentenced to six months of imprisonment with prison labor for the crime of deceiving the victims D and the Defendant’s women by deceiving the money even if the viewing public official is not a viewing public official (2019Da1602), and the above judgment became final and conclusive on the 25th of the same month.
[Recognition] Facts without dispute, and evidence Nos. 1 through 6 shall include the number: Provided, That the part of the surety C among evidence No. 1 shall be included.