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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. On May 14, 2015, the Plaintiff stated to C the amount of KRW 40 million on July 7, 2015 (as to KRW 10 million) and July 15, 2015 (as to KRW 30 million) and interest monthly on July 15, 2015, the Plaintiff stated that the agreed party was KRW 400,000 per month. However, in full view of the purport of the entry and pleading in the evidence No. 1, the interest on KRW 40 million was KRW 300,000 per month and KRW 120,000 per month.
The loan was determined and lent as the loan (hereinafter referred to as “the loan of this case”), and the Defendant guaranteed the Plaintiff’s debt of the loan of this case on the same day.
B. On December 15, 2015, the Plaintiff lent KRW 30 million to C as of June 2016, the due date for repayment (the certificate of loan (Evidence A 2) was not written with the agreed interest), and D guaranteed the Plaintiff’s above loan obligation against the Plaintiff on the same date.
C. On May 17, 2016, the Plaintiff and C borrowed KRW 72,40,00 from the Plaintiff on May 17, 2016 at the maturity of payment on May 19, 2016 and at the rate of 2.08% per month for overdue interest. In the event C fails to perform the above obligation, the Plaintiff and C acknowledged that there was no objection even if compulsory execution was conducted. However, if C completes the registration of transfer of ownership with respect to F apartment 107, 804, 107, and 804 (hereinafter “the apartment of this case”) located outside Asan City by the maturity date, a notary public, stating that the said notarial deed shall be null and void (hereinafter “notarial deed of this case”), drafted a notarial deed of monetary consumer loan contract No. 1042, 2016 (hereinafter “notarial deed of this case”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the Defendant is a joint and several surety for the instant loan obligation, and the Defendant is from May 15, 2015, which is a joint and several surety for the instant loan obligation, to the Plaintiff.