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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
purport.
Reasons
1. Basic facts
A. On May 2017, C borrowed money from E, which he/she became aware of through D’s introduction, and on June 22, 2017, E, 9,500,000 won, including the amount of KRW 6,00,000,000, which D would pay to E, was prepared as of June 27, 2017 (the evidence No. 1; hereinafter “the instant loan certificate”). Upon E’s request for guarantee, C, the Defendant, the husband of C, stated his/her name in the instant loan certificate and signed thereon.
B. At the time of filing the instant lawsuit, E transferred claims against the Defendant indicated in the instant loan certificate to the Plaintiff and notified the Defendant of the assignment of claims.
[Ground of recognition] A without dispute, Gap evidence 1, 4, Eul evidence 3 and 4, appraiser F's written appraisal result, the purport of the whole pleadings
2. Determination
A. According to the facts of the recognition of the establishment of the claim for the amount of the loan, C is recognized to pay the amount of KRW 9,500,000 to E, and the Defendant prepared the loan certificate in this case at the request of E, and the Defendant directly stated his name in the loan certificate in this case, so the Defendant is liable to guarantee C’s obligations as stated in the loan certificate in this case.
Therefore, the Defendant is obligated to pay the Plaintiff, who received the claim stated in the instant loan certificate from E, the amount of KRW 9,500,000, and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from June 28, 2017 to October 14, 2017, which was served on the Defendant from June 28, 2017, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
B. The judgment of the defendant's assertion was made by intimidation and only the name of the loan certificate of this case without knowledge of the content.
C) The Plaintiff did not have the obligation to pay the money stated in the loan certificate of this case, because C entered the loan certificate of this case in lieu of the Defendant’s signature.
2.2.2