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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. The reasoning of the court's explanation concerning this case is as follows, except where the defendant added the following judgments as to the matters alleged in the trial of the court of first instance, and therefore, it refers to the reasoning of the judgment of the court of first instance pursuant to the main sentence of Article 420 of the Civil Procedure Act.
2. Additional matters to be determined;
A. The defendant asserts that, as the co-defendant B (the husband of the defendant) of the first instance court demanded F (the plaintiff's husband) to repay the above KRW 500 million, F would obtain a preferential loan under the name of B and offer that the principal and interest would be repaid and the plaintiff would also request the joint and several sureties to obtain a loan from the lending company, the plaintiff cannot exercise the right to demand reimbursement due to the performance of the joint and several sureties obligation.
B. Where a third party in obtaining a loan from a financial institution allows the financial institution to use his/her name, regardless of whether he/she is liable as a principal debtor with respect to the financial institution which is the creditor, as a matter of course, the joint and several sureties who has performed joint and several sureties's liability as a principal debtor cannot be held liable for damages as a principal debtor in an internal relationship, regardless of whether he/she is liable as a principal debtor. The joint and several sureties, as a matter of course, shall not be held liable for damages to the joint and several sureties who has performed the joint and several sureties's liability as a principal debtor. The joint and several sureties, as a matter of course, shall be held liable for damages to the third party only if
(See Supreme Court Decision 2013Da80429, 80436 Decided April 30, 2014). Each of the descriptions in the health room and in the evidence Nos. 1 through 5 (including the serial number) with respect to the instant case is that F is the actual debtor of the instant loan and that B allows F to use its name.