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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. The reasoning for the court’s explanation on this part of the basic facts is as stated in Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of Paragraph 1.
2. Determination
A. According to the above facts, Defendant B is obligated to pay the Plaintiff a loan of KRW 100,00,000 and delay damages therefor, barring special circumstances. (2) The Plaintiff asserted that Defendant C signed on the joint and several liability column of the loan certificate of this case and issued a certificate of seal impression to the Plaintiff, and Defendant C did not have a joint and several liability for the loan amount of KRW 100,000 to the Plaintiff at the time, and Defendant C did not have a seal impression and did not have a joint and several liability for the loan amount of KRW 50,000 to the Plaintiff. Accordingly, Defendant C knew that Defendant B borrowed KRW 50,000 from the Plaintiff, and issued a certificate of seal impression, and thus, Defendant B refused to consent to the loan terms, such as interest, and thus, Defendant B did not have a joint and several liability for the loan amount of KRW 100,000,000,000.
(See Supreme Court Decisions 89Meu16383 delivered on February 13, 1990, and 11590 delivered on October 14, 1994, etc.). According to the above facts, the defendant C signed the loan certificate of this case explicitly stated in the creditor, amount, and interest and issued a certificate of personal seal impression.