1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The assertion and judgment

A. In full view of the evidence No. 1 written in the judgment on the cause of the claim and the evidence No. 1 written in the first instance court and the witness D in this court’s testimony, the Plaintiff loaned 5 million won to the co-defendant B of the first instance court on June 4, 2007 by setting the maturity of 3% per month on December 31, 2007, and the fact that Defendant C signed the loan certificate (Evidence No. 1) prepared by Defendant C on the same day as the surety and affixed a seal.

According to the above facts, as a guarantor, the defendant is jointly and severally liable to pay to the plaintiff as the principal debtor B the above five million won and the damages for delay calculated at the rate of 36% per annum from June 5, 2007 to June 29, 2007, which is the following day of the lending date, as the plaintiff seeks, and 5% per annum from the next day to May 18, 2017, which is the sentencing date of the first instance court of this case, within the agreed rate, and 15% per annum from the next day to the day of full payment.

B. The defendant's assertion argues that the defendant, while collecting the money invested by the plaintiff in Kenya Co., Ltd. through B, the defendant paid KRW 5 million to B as a supplementary answer to it, and the loan certificate is prepared formally at the request of D, his father, who is his father, and the defendant also did not assume legal liability as the guarantor, on the ground that D did not take legal responsibility formally, and thus, he did not bear the guaranteed liability.

When a disposition document is deemed to have been authentic, the existence and contents of an expression of intent in accordance with the contents of the document shall be recognized, unless there is any clear and acceptable counter-proof evidence that denies the contents of the statement.

(See Supreme Court Decision 93Da5456 delivered on October 11, 1994, and Supreme Court Decision 2000Da38602 delivered on October 13, 2000, etc.). However, upon receiving KRW 50 million from the Plaintiff, B prepared and delivered the certificate of borrowing (Evidence 1) and the Defendant also delivered the certificate of borrowing.