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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 first instance court.
Reasons
1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the evidence Nos. 1 to 6 (if the paper numbers are not separately indicated, including all numbers; hereinafter the same shall apply), Eul evidence Nos. 2, Eul evidence No. 3-129 and the whole purport of the pleadings. A.
The plaintiff is a company for housing construction business, etc., and the defendant is a company for reinforced concrete construction business.
B. The Plaintiff: (a) received and supplied C river repair works from the Busan Regional Land Management Office (hereinafter “C repair works”); (b) around May 30, 2009, the Plaintiff and the Defendant’s actual managers performed reinforced concrete construction works and soil works among the 5th C Repair works; (c) around December 23, 2010, reinforced concrete construction works and soil works among the 6th C Repair Works; and (d) around February 23, 201, the 7th C Repair Works and the 5th C Repair Work (hereinafter “instant soil works, etc.”).
C. In addition, the Plaintiff received D Construction Work from the Daegu Construction Headquarters around September 2009 and had E and the Defendant perform the Construction Work.
The Plaintiff lent to E the instant land and D Corporation (hereinafter “each of the instant construction works”) KRW 10 million on January 31, 201, KRW 120 million on May 19, 2011, KRW 60 million on November 30, 201, and KRW 280 million on November 30, 201 (hereinafter “each of the instant loans”). The Defendant jointly and severally guaranteed each of the instant loans.
2. According to the above facts of recognition as to the cause of claim, the defendant, as a joint and several surety of each of the loans in this case, is obligated to pay the plaintiff the amount of KRW 280,000,000 and delay damages for the loans in this case, unless there are special circumstances.
3. Judgment on the defendant's assertion
A. At the time of settling the eight-time period of the Defendant’s argument, KRW 160 million out of each of the loans of this case, and KRW 160 million out of the loan of this case, and KRW 40 million from D Corporation once.