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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 following facts can be acknowledged in light of the contents of evidence No. 1 to No. 4 of the facts charged.
C around January 4, 2013, around 2013, C borrowed KRW 17 million from D as of January 24, 2013 on the date of the due date for repayment (C prepared a certificate No. 3 of the borrowed witness No. 3 with the foregoing content as above) and the Defendant jointly and severally guaranteed C’s debt to D.
B. D transferred the above loan claims to the Plaintiff on June 23, 2014, and on the same day between the Plaintiff and D, D transferred and acquired them by the Plaintiff at KRW 17,000,000,000 to the Plaintiff with respect to the following indication claims held against C. - On January 4, 2013, the assignment contract stating “17,00,000,000,000, out of the total amount of claims based on the loan claim,” and D notified C and the Defendant of the said transfer on June 24, 2014.
2. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant, a joint and several surety, is jointly and severally liable with C, the primary debtor, to pay to the Plaintiff, a transferee of the above borrowed principal amounting to KRW 17 million, and 5% per annum as stipulated in the Civil Act from January 25, 2013 to November 1, 2014, the day following the due date for payment of the above borrowed principal until November 1, 2014, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the due date for payment
3. Judgment on the defendant's assertion
A. Claimant ① The supporting document (Evidence A1, 2, and 4) that the Plaintiff acquired the above loan claims from D is not a document that is not a document that is the basis for the assignment of a genuine claim but a document that is written voluntarily against the transferor D’s will.
② The transferor D only prepares the above-founded documents, and waives the assignment of the above loan claims, and the said loan claims were not transferred to the Plaintiff.
B. (1) First, we find that the above assertion (1) was forged by viewing it as a forged defense.