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1.The judgment of the first instance shall be modified following the changes in claims in the trial as follows:
The Defendants shall be jointly and severally.
Reasons
1. The facts under each of the facts under recognition are either in dispute between the Parties or in addition to the purport of the entire pleadings to the entry in Gap evidence 1 to 12, including each number.
[1] Around March 27, 2009, Defendant B and D established E Company, the main purpose of which is to export used cars (hereinafter “instant Company”), and in the process of its establishment, the Plaintiff lent KRW 200,000,000 to D as the capital of the instant Company.
D Around the end of November 2009, the company of this case resigned from office as a director of the company of this case, and the plaintiff demanded D to pay the above loan amounting to KRW 200,000,000.
Accordingly, D requested that Defendant B be responsible for the above KRW 200,000,000, and Defendant B accepted the above request.
[2] On December 1, 2009, a certificate of loan with the following contents, which was signed by the Plaintiff as the obligee, Defendant B as the obligor, and Defendant C as the obligor jointly and severally liable, was prepared:
(hereinafter “the instant loan certificate”). Defendant B borrowed KRW 200 million from the Plaintiff on November 30, 2009.
The loan amount of KRW 200 million shall be repaid in two installments, and where the repayment is not made within the deadline, all principal and interest may be requested at any time, and when the defendant B fails to perform it, the defendant C, a joint guarantor, shall perform it on behalf of the defendant C.
- The due date for the principal of KRW 100 million: December 28, 2009 - 5 p.m. - the due date for the principal of KRW 100 million: 5 p.m. on May 28, 2010 - Joint and Several sureties are jointly and severally liable with the debtor to repay the principal and interest to the creditor.
The loan certificate of this case contains the name and resident registration number of the defendant C, and the above defendant's seal is affixed thereto, and the copy of the registration certificate of the defendants is attached thereto.
[3] On April 26, 2010, Defendant B delivered four copies of a check to the Plaintiff on April 26, 2010, and repaid KRW 40,000,000 to Defendant C’s account on May 31, 2013.
On the other hand, this case.