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1. The judgment of the court of first instance is modified as follows.
The Defendants are jointly and severally liable to the Plaintiff for KRW 44.2 million.
Reasons
1. According to the evidence No. 1 as to the fact of lending, on July 1, 2017, Defendant B prepared a certificate of loan that Defendant B would pay to the Plaintiff KRW 46 million by August 10, 2018, and Defendant C signed and sealed the said certificate of loan as a joint guarantor.
Therefore, barring special circumstances, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 46 million as stated in the said loan certificate.
2. Judgment on the defendants' assertion
A. The main point of the claim is that the Defendants did not borrow KRW 46 million at the time of the above loan certificate, but paid in installments continuously at around 1995 by borrowing KRW 30,000,000,000. However, the Defendants failed to pay in full the principal, which led to the preparation of the above loan certificate by voluntarily increasing the principal at the Plaintiff’s request, and further, they paid in part of the above loan amount.
B. 1) Determination 1) The above loan certificate is a disposal document, its objective meaning is clear, and the statement in the Eul evidence Nos. 1 through 3 alone is insufficient to acknowledge any agreement or legal relationship different from the contents of the loan certificate, and there is no other special circumstance, the existence of the expression of intent and its contents must be recognized as to the above loan certificate (According to each statement in No. 2-1 through No. 17 of the above loan certificate, the defendant B or the defendants borrowed money from the plaintiff several times from 1999 to 36 million won, around 2002, around 36 million won, around 200, around 38 million won, around 204, around 40 million won, around 205, around 2005, around 4 million won, 2008, 2300, 2010 to 46 million won, and each of the loan certificate No. 2015 to 460,500,000 won, respectively.
In light of these facts, the Defendants, while failing to fully pay the funds borrowed from the Plaintiff, would pay the principal amount of KRW 46 million.