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1. Revocation of the first instance judgment.
2. The defendant shall be jointly and severally and severally with C to the plaintiff KRW 20,000,000 and the defendant shall pay to the plaintiff on April 12, 2012.
Reasons
1. Basic facts
A. The plaintiff is the friendship of the defendant's words D, and the defendant is C's friendship.
C operated the E Co., Ltd. (hereinafter referred to as “E”), and needed funds to operate E.
Accordingly, on February 26, 2009, the words of the defendant and the defendant had the plaintiff C met with the plaintiff on February 26, 2009.
B. On the same day, the Defendant: “The Defendant borrowed KRW 20,000,000 with the thickness of 3 months, and written and delivered the loan certificate with the signature and seal affixed thereon (hereinafter “the loan certificate of this case”).
C. On February 26, 2009, the Plaintiff transferred KRW 20 million to the account under the name of the Defendant, and the Defendant transferred KRW 20 million on the following day to E’s account.
The Plaintiff filed a lawsuit against Suwon District Court on the loan claim amounting to KRW 2018Gadan949, the Suwon District Court rendered a judgment citing the Plaintiff’s claim. The above case was served by public notice, and the above court rendered a judgment citing the Plaintiff’s claim.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Eul evidence Nos. 1, 2, 4, 5, and 10, part of Eul evidence No. 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion was prepared by the Defendant with the intent to conclude a joint and several surety agreement with respect to C’s above 20 million won loan obligations (hereinafter “the instant loan obligations”), and C failed to repay the instant loan obligations.
Therefore, the defendant, as a joint and several surety, should pay to the plaintiff KRW 20 million and delay damages.
B. In light of the following circumstances that can be acknowledged by comprehensively taking account of the above facts of recognition, the above evidence, and the purport of the entire pleadings, the Defendant may recognize the Plaintiff as a joint and several surety with respect to the debt borrowed in this case.
① At the time of drawing up the loan certificate of this case, the Plaintiff and C were the first space between the Defendant and the Defendant.