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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and objection.
Reasons
1. Facts of recognition;
(a) If the Defendant bank concludes a credit transaction agreement with the guarantor and examines the application for a contract and the payment guarantee between the other party to the payment guarantee and determines its execution, it shall record the application on the management ledger and shall deliver the original to the guarantor with the seal of the head of a branch office affixed thereon, and shall keep the copy and its duplicate together with the application form,
B. The instant payment guarantee B suggested that it would be issued a bank's payment guarantee certificate upon requesting D to lend money through C.
As of November 15, 201, D, B, C, and E sought from the F Branch(manager) of the Defendant Bank at the time of November 15, 201, and requested the payment guarantee and received the consent. D, C, from the branch office, received the payment guarantee written by the debtor as H from G.
D A around that time requested E to replace the debtor with B. On November 16, 2011, E was issued the instant payment guarantee certificate in the name of the head of the Defendant bank branch office G where the amount of security deposit was 80 million won, debtor B, and guarantee date from November 16, 201 to February 15, 2012.
D confirmed whether the instant payment guarantee was issued to G after the receipt of the instant payment guarantee.
C. The Plaintiff, a de facto spouse of D’s lending of money, respectively, lent KRW 500,000,000 on November 16, 2011, and KRW 100,000,000 on November 23, 201, and KRW 60,000 on January 13, 2012 to B as security.
[Based on the basis of recognition] Gap evidence 1 through 9, Gap evidence 15 through Gap evidence 17, Gap evidence 20, Gap evidence 22 through Gap evidence 24, Gap evidence 28, Gap evidence 29-1, 2, Gap evidence 31 through Gap evidence 34, Gap evidence 36-2, 36-3, and Gap evidence 42, Gap evidence 5-1, Gap evidence 19, Eul evidence 25, Gap evidence 27, Gap evidence 30, Eul evidence 32, Eul evidence 36-1, witness D, Eul evidence, and national bank.