1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. Defendant C filed a marriage report on November 9, 1995, and the legal husband and wife were set up on April 12, 2019, Seoul Family Court Decision 2018 Down 340532, which became final and conclusive around that time.

B. On August 19, 201, C borrowed KRW 5,00,000 from the Plaintiff (hereinafter “the instant primary loan”) as of December 31, 201, with the due date fixed for borrowing as of December 31, 201, and the loan certificate prepared at the time (hereinafter “the instant loan certificate”) bears the signature and seal of the Defendant’s name as a joint borrower.

(c)

C On November 10, 2015, with respect to the Plaintiff, a notary public prepared the process of lending and borrowing contract (hereinafter “instant process deed”) with a law firm No. 973, 2015, with respect to the Plaintiff. The main content of the process deed is as follows.

① On November 1, 2015, C borrowed KRW 15,000,000 from the Plaintiff.

(2) C shall be paid over 300,000 won on the tenth day of each month from December 10, 2015 to January 10, 2020, respectively, over 50 times.

[Grounds for recognition] Evidence Nos. 1, 2, Eul No. 1, and the purport of the whole pleadings

2. Determination

A. The gist of the Plaintiff’s assertion (1) on August 19, 201, the Plaintiff lent KRW 5,000,000 to the Defendants, at the request of the Defendants, and lent KRW 15,00,000 to the Defendants a total of KRW 3 million and KRW 4 million. Accordingly, Defendant C drafted the instant fair deed to the Plaintiff.

Although the process certificate of this case was prepared solely by C, the defendant and C jointly borrowed a total of KRW 15,00,000 from the plaintiff while operating the main agency manufacturing business. Thus, the defendant is jointly and severally liable with C to pay KRW 8,350,000 remaining after subtracting KRW 6,350,000 paid from the above loan amount of KRW 15,00.

(2) Even if the Defendant is not liable for the full amount of KRW 15,00,000 on the instant fair deed, the Defendant is obligated to pay KRW 5,000,000 on the instant loan borrowed without expressly stating the purpose of use.