1. Revocation of a judgment of the first instance;

2. The Defendants are jointly and severally liable to the Plaintiff for KRW 100 million and its amount from March 3, 2002.

1. Facts of recognition;

A. On March 2, 2001, the Plaintiff: (a) lent KRW 100 million (hereinafter “instant loan”) to Defendant B after the due date one year; and (b) the Defendant C prepared a letter stating that “Defendant B guaranteed the Plaintiff to borrow KRW 100 million from the Plaintiff, and Defendant C will be held liable for civil and criminal liability if any future problem arises.”

B. On January 2, 2002, Defendant C prepared a certificate of loan that “Defendant C borrowed KRW 100 million from the Plaintiff on January 2, 2003, with respect to the instant loan.”

C. On October 1, 2003, Defendant C prepared and provided each of the following descriptions with respect to the instant loan to the Plaintiff, and Defendant C guaranteed Defendant C’s obligation to the Plaintiff.

[Written] Defendant C shall pay KRW 100,000 to April 30, 2004, and if the promise is made, he shall accept any punishment. In the case of transfer by the Bank of Korea and the Bank of Korea, the above amount shall be repaid first and shall be repaid if it can be repaid even before the due date.

On the other hand, the Defendants were in de facto marital relationship at the time of receiving the instant loan from the Plaintiff, and completed the marriage report on March 4, 2004, and the agreement was shared on November 12, 2008.

【Fact-finding without a dispute over the basis of recognition】A, Gap evidence 1 through 3, 7 (including branch numbers for those with additional numbers; hereinafter the same shall apply), Eul evidence 3, Eul witness E's testimony, and the purport of the whole pleadings

2. Determination as to the cause of action

A. Since it is very rare to accept the debt through a contract with the obligee without the obligee’s request in the overlapping assumption of debt, the obligor and the underwriter are in principle a joint and several liability relationship with the obligor, and if there is no subjective joint and several liability relationship because the underwriter did not receive the obligor’s request, it shall be deemed that there is no subjective joint and several liability relationship.