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1. Of the judgment of the court of first instance, the part regarding the appointed parties C and the part regarding the Defendant (appointed parties) are KRW 3,000,000.
Reasons
1. As to the cause of claim
A. The facts of recognition 1) On April 10, 2009, the Defendant borrowed KRW 5 million from the Plaintiff without fixing the due date for payment (hereinafter “the loan money as of April 10, 2009”). C, on January 21, 2010, borrowed KRW 14 million from the Plaintiff as two weeks after the due date for payment, and the Defendant jointly and severally guaranteed the obligation of C (hereinafter “the loan money as of January 21, 2010”); the loan money as of April 10, 209 and the loan money as of January 21, 2010, together with the loan money borrowed as of January 21, 2010, hereinafter “each of the instant loan money”); the purport of the entire pleadings is without dispute.
B. Unless there are special circumstances to determine, the Plaintiff, 1) the Defendant is jointly and severally liable to pay 5 million won and damages for delay, 2) the Defendant and C are jointly and severally liable to pay 14 million won and damages for delay.
2. As to the defendant's defense of performance
A. On June 30, 2010, the parties asserted 1) deposited KRW 16 million to the Defendant, etc., each of the instant loans was repaid in full. (2) On June 30, 2010, the Plaintiff leased part of the Plaintiff’s building to E, Inc., Ltd., Ltd., F, and Ltd., operated by the Defendant and the Defendant D, and the Defendant paid KRW 16 million to the Defendant, rather than the instant loan.
B. Whether Defendant 16 million won was paid as the repayment of each of the instant loans or 1) The Plaintiff and H divided into three parts: (a) the building I in Nam-gu Incheon Metropolitan City (hereinafter “instant building”) No. 302 on June 30, 2010; (b) each E Co., Ltd., Ltd., F, and J without a deposit (EE Co., Ltd., KRW 750,000,000; KRW 550,000; KRW 750,000; KRW 750,000; KRW 750,000; KRW 750,000; and KRW 750,000); and (c) the representative director of E Co.,, Ltd., is the Defendant.
B. No. 302 of the instant building was actually used by D, and the Plaintiff entered into a blanket contract with D several times from June 201 to June 30, 201 under the responsibility of D, and return is actually being used.