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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.
Reasons
1. Determination on the cause of the claim
A. On June 3, 2008, the Plaintiff: (a) lent KRW 10,000,000 to the Defendant at an interest rate of 4% per month; and (b) paid KRW 9,600,000,000 after deducting the interest rate of KRW 400,000 from the interest rate. C made an endorsement on June 3, 2008 on a promissory note as of November 3, 2008 (hereinafter “instant one obligation”).
(2) On June 4, 2008, the Plaintiff lent KRW 10,000,000 to C at an interest rate of 4% per month, and paid KRW 9,60,000,000 after deducting the interest rate of KRW 4 million.
On June 4, 2008, the Defendant endorsed to Promissory Notes with the face value of KRW 10,000,000 and the due date of November 4, 2008.
(hereinafter “instant 2 obligations”). 【No dispute exists concerning the grounds for recognition, the entries in Gap evidence 1-2, Gap evidence 2-1, 2-2, Gap evidence 3, and 4, and the purport of the whole pleadings.
B. Determination as to the Defendant’s occurrence of obligation. (1) In principle, a person who endorsements on a promissory note issued, endorsed, or transferred by another person is liable only for the obligation under the Bills of Exchange and Promissory Notes Act; however, in special circumstances where it is deemed that the obligee of the promissory note has endorsed to the effect that he/she would guarantee the obligee’s civil obligation that was the cause of the issuance, endorsement, or transfer of the promissory note, the issuer’s obligee is liable for a civil obligation (see, e.g., Supreme Court Decision 2001Da5598, Apr. 12, 2002). The existence of such special circumstances should be determined by comprehensively taking into account all the relevant circumstances, including the actual cause of the obligation arising from the legal relationship, the obligor’s and the endorser’s relationship, the circumstance leading to endorsement, and the circumstances leading to endorsement at the time of endorsement (see Supreme Court Decision 2004Da29538, Sept. 24, 2004).