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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
[Claim]
Reasons
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except for the addition of the following "2. Additional determination" as to the allegations added by the plaintiffs in this court, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The Defendant asserts that C repaid KRW 81,00,000 among the total amount of KRW 300,000,000 invested by the Plaintiff and D in the name of E, and that the amount invested by the Plaintiff and D in the name of E remains only KRW 219,00,000,000 in total, and therefore, this part of the Defendant’s obligation against the Plaintiff is merely KRW 109,50,000,000, which is 50% of the amount of obligation against the Plaintiff.
The statement of No. 6-1 and No. 6-2 alone is not sufficient to admit the defendant's defense, and there is no other evidence to acknowledge it, and the defendant's defense is without merit.
(B) According to the statement No. 7-1 of the evidence No. 7, it is recognized that the above money of the defendant's assertion is not the amount of the principal repaid, but the sum of the money paid as a monthly interest.
The defendant himself is merely a guarantor of C, and the defendant asserts that C, the principal debtor, is sufficiently able to pay, and therefore, C, shall claim payment.
In this regard, if the obligee claims the surety to perform the obligation, the surety may defend against the obligor by proving that the obligor has the ability to perform the obligation and that it would be easy to execute the obligation, and that the obligee first claims against the principal obligor.
(Article 437 of the Civil Act). However, there is no other evidence to acknowledge that the statement of the evidence Nos. 8-1 and 2-1 and 8-2 alone is sufficient to acknowledge the ability to repay to C and its execution is easy. Thus, the defendant's defense is without merit.
3. In conclusion, the judgment of the first instance is legitimate, and the defendant's appeal is dismissed.