A guarantor's guarantee obligation shall be paid in the text of the order.

In the text of judgment, the guarantor who has guaranteed the return of the deposited money is not jointly and severally liable, and shall order the principal who bears the obligation of return and the guarantor to pay "each person".

Article 413 of the Civil Act

H. H. H. H. H.

Hoho-ho et al.

Daejeon District Court of the first instance (77Gahap136 delivered on April 1, 200)

The defendants' appeal is dismissed.

The costs of appeal shall be borne by the defendants.

The Plaintiff jointly and severally sought that the Defendants pay to the Plaintiff the amount of KRW 1,300,000 and the amount at the rate of five percent per annum from August 26, 77 to full payment.

The defendants shall revoke the original judgment.

The plaintiff's claim is dismissed.

According to the statements and arguments of Gap's evidence Nos. 1 through 4, which are not disputed in the establishment, the non-party Kim Dong-dong deposited KRW 1,300,000 with the defendant's famous family on October 25, 76 without the agreement of the time to return the deposited money, and the defendant's appellate district guaranteed the above non-party's obligation to return the deposited money under the defendant's famous family name. The above non-party transferred his claim to the plaintiff for the refund of the deposited money on February 18, 77 and notified the defendants of the fact.

Therefore, the defendants should pay damages for delay at a rate of 5% per annum from August 26, 77 to the full payment date on the record that the gusheshe has delivered gold 1,300,000 won to each plaintiff and the gushes of this case to the defendant Uiho Lake, that is, the plaintiff's claim is reasonable only to the extent of claiming the payment of the above amount, and therefore, the plaintiff's claim shall be accepted within that limit and the part seeking joint payment of the above amount is without merit. Therefore, the judgment of the court below with the defendant is just and without merit. Thus, the defendants' appeal is dismissed. It is so decided as per Disposition by the application of Articles 89, 92, and 95 of the Civil Procedure Act to the costs of lawsuit.

Judge Lee Dong-dong (Presiding Judge)