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1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
Reasons
1. The following facts may be found either as a dispute between the parties or as a whole with respect to the entries in Gap evidence 1 and 3 and some testimony of the witness C at the court of first instance as a whole.
The defendant, upon the introduction of the plaintiff, joined the sequence C organized by the plaintiff (hereinafter referred to as the "instant fraternity") in the name of the plaintiff.
B. C transferred KRW 31.2 million to the Plaintiff on July 11, 2007.
C. On July 11, 2007, the Defendant, together with the Plaintiff, C, and the Defendant’s Dong Jae D, signed by a notary public a notarial deed under a monetary loan agreement with the following content as the notarial deed No. 3374, 2007 (hereinafter “instant notarial deed”).
Article 1 (Purpose) Creditor lent 50,040,000 won to the debtor on July 10, 2007, and the debtor borrowed it.
Article 2 (Period and Method of Repayment) From August 2007 to July 2010, 1400,000 won per month shall be repaid.
Article 8 (Joint Guarantee) The surety guaranteed the debtor's obligation under this Agreement and agreed to jointly and severally with the debtor to perform the obligation.
D Creditors A (Plaintiffs) joint and several sureties B (Defendants) joint and several sureties C
D. On July 11, 2007, the Plaintiff remitted KRW 6 million to D, and on July 12, 2007, remitted KRW 13 million to the Defendant’s East F. On July 12, 2007, the Plaintiff wired KRW 20 million to D on July 31, 2007, and remitted KRW 21 million to the Defendant’s side.
2. The assertion and judgment
A. The summary of the parties’ assertion was No. 31, and the Defendant’s order was No. 5 or 9, and the amount of KRW 1 million per month and KRW 1.4 million per month after the receipt of the fraternity.
On July 11, 2007, the Plaintiff received an amount of KRW 31.2 million from C, and upon the Defendant’s request, remitted amount of KRW 8 million to D and KRW 13 million to F, and the remainder was set off against the Plaintiff’s loan claim against the Defendant.
C, the plaintiff, and the defendant are believed to believe that they joined the instant fraternity, and therefore, C, the plaintiff, and the plaintiff.