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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. Basic facts
A. B, on September 11, 2015, entered into a loan contract with the Plaintiff as of September 11, 2015, with a loan of KRW 5,00,000, interest rate of KRW 34.8% per annum, interest rate of KRW 4.8% per annum, and interest rate of KRW 5,00,000 per annum, and KRW 5,000,000 from the Plaintiff around that time (hereinafter “instant loan”). In the course of the loan, the Defendant entered into a joint and several guarantee contract under the Defendant’s name, stating that “the Defendant shall set the maximum amount of the guaranteed obligation against the Plaintiff as KRW 6,50,00,00, and shall be jointly and severally and severally guaranteed” (hereinafter “instant joint and several guarantee contract”).
B. Around that time, the Plaintiff’s employees confirmed whether the Defendant’s cell phone calls for the Defendant’s mobile phone indicated in the instant joint and several liability contract and whether the instant joint and several liability contract were written in writing, and the Defendant respondeded to the purport that the Defendant had the Plaintiff’s intent to provide joint and several liability for the instant loans to the Plaintiff’s question, and that the instant joint and several liability contract
[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1, each voice of Gap evidence 5 through 7, and the purport of whole pleading
2. Determination on the cause of the claim
A. The gist of the Plaintiff’s assertion denies the fact that the Defendant entered into a joint and several guarantee contract after the Plaintiff trusted the Defendant’s intent to stand a joint and several guarantee and trusted the Defendant’s intent to stand a joint and several guarantee contract. This is to say that the Defendant, from the beginning, did not intend to stand a joint and several guarantee for the Plaintiff’s debt of the instant loan to be paid from the Plaintiff, and that the Plaintiff actively induced the Plaintiff by expressing his intent to stand a false joint and several guarantee contract to the Plaintiff. The Plaintiff paid the instant loan to B on the premise that
However, B is currently not in contact with the Plaintiff, and B.