beta
Text
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim on the revocation is dismissed.
2...
Reasons
1. Basic facts
A. The Defendant, with the obligee D and the obligor as the Defendant, prepared three loans as indicated below. The Plaintiff jointly and severally liable for each of the loans Nos. 1 and 3 as set forth below, and the Plaintiff signed or sealed each of the loans No. 2 as a joint and several surety, respectively.
(A) Evidence Nos. 1-1, 2, and 3 (hereinafter “each of the instant loans”). The amount of loans on the date of setting up the sequence Nos. 1-1, 2, and 3 (hereinafter “each of the instant loans”). The amount of loans shall be KRW 10 million on April 6, 2009 and KRW 60 million on September 22, 2009, KRW 7, 2000,000 on September 30, 2010.
D around January 2017, around 2017, the Plaintiff drafted a written confirmation (Evidence A 2) that “I have received the full amount of the Defendant’s obligation from the Plaintiff, and confirmed that I have paid the full amount of the obligation under each of the instant loan certificates.”
[Evidence] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Defendant borrowed KRW 80 million from D as stated in each of the instant loan certificates, and the Plaintiff, a joint and several surety, repaid the Defendant’s above debt in full. As such, the Defendant is liable to pay the Plaintiff the above KRW 80 million and the damages for delay.
B. Defendant 1) At the time of the preparation of the instant loan certificate, the Defendant only borrowed money from the Plaintiff and traded money at that time, and did not have borrowed money from D. However, the Plaintiff was obligated to prepare each of the instant loan certificates by stating that D would have a more easy way to borrow money with its own loan certificate, and that D could not borrow money thereafter. Accordingly, each of the instant loan certificates did not actually have been borrowed from D. Accordingly, there was no liability for the said loan on the ground that there was no money loan under each of the instant loan certificates.