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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Claim for indemnity;
A. The Plaintiff’s assertion is the cause of the claim. After the Defendants guaranteed the monetary obligation to be borne by E (mutual F) in relation to the operation of D, the Defendants issued the provisional coefficient of the total par value of KRW 85 million (17 x 5 million) in order to pay the above monetary obligation to E on September 30, 1998, and the household checks were all defaulted, and the Plaintiff was fully repaid the monetary obligation to E as the foregoing guarantor. Therefore, the Defendants are obligated to pay the principal and interest of KRW 163,730,00 (as of April 19, 2013) due to the Plaintiff’s subrogation as above.
B. In light of the following circumstances, the evidence submitted by the Plaintiff at the first instance court and the appellate court alone alone is insufficient to recognize the allegation that the Plaintiff, as a guarantor, paid the Defendants a monetary obligation of KRW 85 million to E.
① At the appellate court (the second date on July 10, 2015), the Plaintiff stated that, not having repaid the principal of KRW 85 million, KRW 50 million, the Plaintiff’s property was sold by auction and paid KRW 46 million to E, and that the Plaintiff has repaid the remainder of KRW 35 million.
In addition, the fact that the Plaintiff frequently engaged in trade and export and import agent business in H is sufficiently recognized as the purport of the entire pleadings. Therefore, at least the Plaintiff must prove that the amount paid to E is not the amount paid in relation to trade and export and import agent business between himself/herself and E.
② The documentary evidence submitted by the Plaintiff, mainly by content-certified mail, invoice, text message, facsimile, etc. of the Plaintiff’s preparation, was urged by the Defendants to perform the guaranteed obligation as alleged above, or the principal and interest of the indemnity amount were calculated by the Defendants. The Plaintiff’s documentary evidence to E’s children I and E, respectively.