1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On March 18, 2016, the Plaintiff remitted KRW 100,000,000 to the Defendant’s modern securities account. On May 9, 2016, the Plaintiff remitted KRW 25,000,000 to the said account.

B. On November 15, 2016, C prepared and delivered the following loan certificate (hereinafter “instant loan certificate”) to the Plaintiff, and the Defendant signed the above loan certificate as the guarantor.

The borrower borrowed KRW 130,00,000 from the Plaintiff on March 2016, but the borrower did not express any separate circumstance and did not observe the original promise date ( July 30, 2016). However, the borrower promised to pay the original loan amount (30,000,000) and the profit by December 21, 2016 (10,000,000). If so, the borrower promises to assume civil and criminal liability.

C. On August 26, 2016, the Defendant remitted KRW 20,000,000 to the Plaintiff’s account. C transferred KRW 5,000,000 on December 28, 2016 and KRW 10,000 on February 8, 2017, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 2-1, 2, 3-1, 2, 3, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff, as the instant loan certificate, bears the Plaintiff’s obligation to pay KRW 130,00,000 to the Plaintiff, and the Defendant guaranteed the Plaintiff’s obligation to pay the guaranteed obligation. ② Even if the Plaintiff did not lend KRW 130,000 to C via the instant loan certificate, C has agreed to pay KRW 130,000 to the Plaintiff via the instant loan certificate, and C bears the obligation to pay the Plaintiff the said obligation. ③ Therefore, the Defendant is obliged to pay the Plaintiff the remainder of KRW 95,00,000,000, excluding the Plaintiff’s paid KRW 35,000,000,000, and delay damages therefor.