Text
1. The Defendants are jointly and severally liable to Plaintiff (Appointed Party) for KRW 24,000,000 and KRW 16,000,000 and each of the above.
Reasons
1. Comprehensively taking account of the purport of Gap evidence No. 1 and evidence No. 2 as to the cause of the claim and the purport of all the arguments, the deceased shall be determined and lent KRW 40 million to the defendant B on September 14, 2010 as interest rate of KRW 2% on September 14, 201, due date of repayment of KRW 40,000,000 to the defendant B on September 14, 2011. The defendant C shall be jointly and severally guaranteed the debt of the defendant B as the mother, the fact that the plaintiff (appointed party; hereinafter "the plaintiff") who is his spouse after the death of the network E was succeeded to the deceased, and the fact that D, who was paid interest until January 14, 2013, the defendants shall be jointly and severally liable to pay the plaintiff the above amount of KRW 24,00,000 (=40,000 x inheritance share of KRW 3/5 x inheritance share of KRW 400,1005.
2. Determination as to Defendant C’s assertion
A. As to the assertion that there was no intention of guarantee, Defendant C alleged that there was no act of guarantee with the intent of guarantee, but the court should recognize the existence and content of the expression of intent in accordance with the language and text, unless there is any clear and acceptable counter-proof as to the content stated in the disposition document which recognized the authenticity of its establishment (see, e.g., Supreme Court Decision 2010Da58728, May 13, 201). As seen earlier, as seen earlier, Defendant C was set up and lent KRW 40,00,000 as interest rate of KRW 2% per month and due date of payment as of September 14, 201, and as long as the authenticity of its establishment is recognized, Defendant C was jointly and severally and severally liable for the debt of Defendant C as a joint and several surety. Therefore, the above assertion by Defendant C is without merit.
B. As to the assertion based on the guarantor protection, Defendant C’s guarantee pursuant to Article 3 of the Special Act on the Protection of Surety (hereinafter “Surety Protection Act”) shall be the name and seal or signature of the guarantor.