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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
On October 30, 2006, the Plaintiff: (a) on October 30, 2006, lent KRW 22,000,000 to Defendant B by the due date for payment; and (b) on November 30, 2006, Defendant C guaranteed the above obligation; and (c) there is no dispute between the parties.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 22,00,000 and damages for delay.
Defendant C’s defense asserted that on May 26, 2008, Defendant C repaid KRW 20,000,000 out of the above borrowed money to the Plaintiff.
Defendant C, on May 26, 2008, transferred to the Plaintiff KRW 20,000,000 out of the borrowed principal under his own name, taking account of the overall purport of the argument as to the statement in subparagraph 1 of this Article, and the Plaintiff may recognize the fact that he received it without objection. Thus, Defendant C’s above defense that he repaid KRW 20,000,000 out of the borrowed amount of KRW 22,00,000 is with merit.
In regard to this, the Plaintiff lent KRW 20,000,000 on September 25, 2006, prior to the lending of the instant loan to Defendant B (hereinafter “previous loan”). The Plaintiff asserts that the said KRW 20,000,000, which was repaid by the Defendant C, is maintaining the instant loan claims as repayment of the previous loan claims.
According to Gap evidence No. 2, the fact that the plaintiff withdrawn KRW 20,000,00 from his NH Nonghyup account on September 25, 2006 is recognized.
However, it is not sufficient to recognize that the Plaintiff lent KRW 20,00,000 to Defendant B solely based on these facts (it is not clear that the Plaintiff issued 12 cashier's checks from the Plaintiff's NH Nonghyup Bank account to the Plaintiff's NH Nonghyup Bank's Jeju Branch on September 25, 2006 and issued 12 cashier's checks at KRW 1,00,000,000 on September 27, 2006, and the above cashier's checks and Defendant B were presented to the Plaintiff's Jeju Branch on September 27, 2006, but the relationship between the above cashier's checks and Defendant B was not verified). Even if the Plaintiff had a previous loan claim by lending the above money to Defendant B, the Defendant C did not have any joint and several liability for the previous loan claims, and