1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. The plaintiff's assertion

A. On May 26, 2014, the Defendant borrowed KRW 20 million from the Plaintiff as of July 24, 2014, with interest rate of KRW 4% and due date of repayment as of July 24, 2014. The Plaintiff, at the Defendant’s request, remitted KRW 19.2 million, which is the remainder after deducting KRW 8 million from interest rate of KRW 20 million from the Defendant’s loan, to C. The Defendant paid KRW 800,000 as of July 27, 2014, and did not pay the principal and interest.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay at the rate of 25% per annum, which is the highest interest rate provided for in the Interest Limitation Act, within the agreed rate from July 27, 2014 to the date of full payment.

B. Preliminary assertion, even if the Defendant is not the principal obligor, the Defendant is jointly and severally liable as a joint and several surety for C’s loan obligation of KRW 19.2 million against the Plaintiff.

2. According to each of the evidence Nos. 1 and 2 of this Court’s judgment, the Plaintiff transferred KRW 19.2 million to the account of May 26, 2014; the Defendant prepared a loan certificate stating that KRW 20,000,000 between C and D (hereinafter “D”) which is a representative director, as the Defendant’s obligee E, shall be KRW 4% of the interest month; and the due date for repayment shall be July 24, 2014; the Defendant remitted KRW 80,000 to the Plaintiff on July 27, 2014 as interest on the said amount; however, the fact that the above recognition alone is recognized that the Defendant borrowed the said money from the Plaintiff.

It is difficult to see that a joint and several surety for the loan borrowed by or C, and there is no other evidence to recognize it.

Rather, the following circumstances, which are acknowledged by the purport of the statement Nos. 2 and 3 as well as the entire pleadings, namely, ① there was two occasions between the above C and the Plaintiff even in the year 2013, which is the transfer of the above money. ② The Plaintiff remitted money to the account in the name of C even in the previous monetary transaction, and C also is the principal and principal.