beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. There is no dispute between the parties to the facts of recognition, or the following facts are acknowledged in full view of Gap evidence Nos. 1 to 6, Eul evidence No. 2 (including, if any, branch numbers), the testimony of the witness C at the trial, and the purport of the whole pleadings.
A. On July 30, 2013, the Plaintiff borrowed KRW 25 million from the Defendant from the Defendant as of September 11, 2013. On September 11, 2013, the Plaintiff borrowed KRW 30 million from the Defendant. On September 11, 2013, the Plaintiff prepared and delivered to the Defendant a promissory note stating that “I shall pay KRW 55,00,000,000 in the aggregate of KRW 25,000 borrowed from the Defendant on September 11, 2013 and borrowed KRW 30,000,000,000 in the previous loan, respectively, from September 30, 2013 to October 7, 2013.” On the same date, I written a note of payment stating that “I shall pay KRW 5,00,000 as of September 11, 2013,” and written the promissory note as to the Defendant’s total amount of KRW 50,500,00.
B. The Plaintiff paid KRW 30 million on October 7, 2013, and KRW 10 million on October 1, 2013, respectively, to the Defendant.
C. On October 18, 2013, the Plaintiff borrowed an additional KRW 17.5 million from the Defendant and moved to C as a joint and several surety. The Defendant requested C’s joint and several surety for the amount of KRW 32.5 million plus the amount of KRW 15 million unpaid out of the existing loan amount of KRW 55 million, and the Plaintiff prepared and delivered a loan certificate of KRW 32.5 million to the Defendant. The Plaintiff signed and sealed the said loan certificate as a joint and several surety. The above loan certificate is to pay the above amount by November 15, 2013.
P.S. 4 days before the date of auction shall be paid in full.
"....."
2. Determination
A. According to the above facts, on September 11, 2013, the Plaintiff borrowed KRW 55 million from the Defendant and paid the above amount at a face value, and the above amount is paid at a face value, and the above promissory note obligations issued to the Defendant remains in KRW 40 million and KRW 15 million.