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1. The plaintiff B's lawsuit against the defendant D is dismissed.
2. Defendant C is the Plaintiff’s KRW 369,701,532 and this shall apply to the Plaintiff A.
Reasons
1. Plaintiff A’s claim against the Defendants
A. (1) With respect to the claim against Defendant C, Defendant C, who was the actual manager of the company G for the performance of the guaranteed obligation, demanded the Plaintiff A to lend KRW 100 million to the said company’s office lease deposit. On January 29, 2007, the Plaintiff A lent KRW 100 million to G on April 20, 2007, setting the due date for payment as the loan amount of KRW 100 million, and the fact that Defendant C was written with the loan certificate (Evidence 2) written by Defendant C as the borrower and the Defendant B as the joint guarantor, can be acknowledged by taking into account the following facts: (a) there is no dispute between the parties; and (b) there is evidence set forth in subparagraphs 1 through 4; and (c) the witness H’s testimony.
According to the above facts, Defendant C, a joint and several surety of G, is obligated to pay KRW 100 million and delay damages (hereinafter “the guaranteed debt of this case”) to the Plaintiff as a joint and several surety of the Plaintiff, except in extenuating circumstances.
(2) The following facts do not conflict between the parties to the claim for reimbursement (A) or may be acknowledged in full view of each of the aforementioned evidence, Gap evidence Nos. 5 through 9, and 22 (including each number; hereinafter the same shall apply), the witness H's testimony, as a whole, as a whole.
Plaintiff
A, upon the request of Defendant C on July 11, 2007, jointly and severally guaranteed the payment of KRW 400 million to Defendant C, and I issued a promissory note to Defendant C on July 11, 2007, “The amount of face value: KRW 400 million, issuer: Defendant C, J Co., Ltd. (hereinafter “J”), Plaintiff A, and date of issuance: July 11, 2007; the due date: June 10, 2008; and then notarized the issuance of a promissory note.
Since then, on March 27, 2008, I filed a lawsuit against the Plaintiff A, Defendant C, and J, the issuer of the said Promissory Notes, as the Seoul Central District Court 2008da109430, and the Plaintiff A, Defendant C, and J, together with the Plaintiff on April 30, 2008 during the lawsuit, filed a lawsuit for the amount of the Promissory Notes, and the conciliation was concluded that “The payment of KRW 400 million to I by June 10, 2008.”