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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. The facts subsequent to the facts of recognition are either in dispute between the parties or in Gap evidence Nos. 1, 2, 3, and 4-1, and 2 (as to the evidence No. 2 of the court of first instance, it can be acknowledged that the defendant's name following the defendant's fingerprint appraisal result can be presumed to be the defendant, and the whole document's authenticity shall be presumed to be established) by considering the whole purport of the pleading.
D On June 29, 201, when borrowing KRW 20,000,00 from the Plaintiff (hereinafter “first loan”), D issued, as security for the first loan obligation, a promissory note with the Plaintiff at par value of KRW 20,000,000,00, issue date on June 29, 2011, and the date of payment on December 31, 201, and the place of issuance and payment, respectively, in Seoul, a notary public made and issued a notarized deed as the Red Profit Law Firm No. 193 in 201.
B. On June 29, 2011, the Defendant drafted a letter of intent to guarantee the Plaintiff’s first loan obligation of KRW 20,000,000, respectively.
C. D paid KRW 600,000 to the Plaintiff on July 30, 201, August 30, 2011; October 4, 201; October 31, 201; October 31, 201; and November 30, 201.
D on December 29, 201, additional KRW 20,000,000 from the Plaintiff (hereinafter “second loan”) was borrowed from the Plaintiff, and as security for the second loan obligation, a promissory note No. 310 on March 5, 2013 issued to the Plaintiff at par value 20,000,000,000, date of issuance, May 20, 2013, and the place of payment and place of issuance, respectively, with a promissory note No. 310 on the deed of notary public E office No. 2013.
[Plaintiff asserted that D borrowed KRW 20,00,000 from the Plaintiff on November 29, 201 after the due date for payment for three months, but there is no evidence to acknowledge it, rather, the date on which the actual amount of loan was transferred to D is transferred to D on December 29, 201, and the due date for payment is May 20, 201).
Afterward, D is limited to KRW 14 million on December 29, 201, and KRW 1400,000 on February 3, 2012.