beta
Text
1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be borne respectively by each party.
Reasons
1. The Plaintiff, based on the judgment on the principal lawsuit, agreed to lend KRW 12 million to C and D (hereinafter “C, etc.”) on November 23, 201 and KRW 12 million on December 9, 2011, plus interest on the borrowed money to C, etc. by December 24, 201, and the Defendant guaranteed the above borrowed money by C, etc., and the Defendant, as the surety, guaranteed the above borrowed money by February 24, 201. Thus, the Defendant, as the surety, is liable to pay the agreed amount of KRW 18 million.
Therefore, comprehensively taking account of the following facts: (a) Nos. 1, 1, 2-1 and 2-2 of the evidence Nos. 2, part of the evidence Nos. 2-3 of the evidence Nos. 2, and witness D of the first instance trial: (b) the Plaintiff loaned to C, etc., the sum of KRW 12 million on Nov. 23, 201, and December 9, 201, KRW 10 million; (c) the Defendant guaranteed the Plaintiff, etc.’s obligation to borrow KRW 8 million on Nov. 23, 2011; and (c) the Plaintiff applied for a payment order against C, etc. to the Plaintiff seeking payment of KRW 18 million on May 22, 2012, the Plaintiff’s payment order under the purport of the Plaintiff’s payment order ( Daegu District Court Decision 2012Da480, Apr. 21, 2011; and (d) the Plaintiff’s payment order became final and conclusive.
However, C et al. agreed to pay to the Plaintiff KRW 18 million with respect to the borrowed amount of KRW 12 million until February 24, 2012, and the Defendant appears to have partially satisfied the Plaintiff’s assertion that the Defendant guaranteed the portion exceeding KRW 8 million out of the borrowed amount of KRW 12 million to the Plaintiff, such as C et al., the guarantor’s portion of KRW 2-3 of the evidence No. 2-3 cannot be used as evidence since there is no evidence to prove the authenticity. The evidence No. 3 is difficult to believe that the statement of KRW 3 is written on the evidence No. 1 and No. 4 is insufficient to recognize the Plaintiff’s assertion.