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1. The plaintiff's claims against the defendant (appointed party), the appointed party C, and D are all dismissed.
2. The costs of lawsuit are assessed against the Plaintiff.
Reasons
1. The plaintiff asserted that the plaintiff lent the business fund to the defendant, Appointor C, and D (hereinafter referred to as "the defendant, etc.") who operates Saturdays and harmonious wholesale and retail business in the Daegu North-gu E market. However, on February 3, 1998, the defendant and Appointor D prepared a letter of intent that the creditor, including the plaintiff, be responsible for the debt and repaid in three years with a grace period of one year.
In addition, on February 5, 1998, the defendant et al. prepared a loan certificate of KRW 255,400,000 in the name of the debtor C, the defendant joint and several sureties, and the appointed party D and received the list of creditors including the plaintiff.
From October 1, 199 to May 4, 2018, the Defendant et al. remitted total of KRW 24,248,00 to the Plaintiff’s husband’s account under the name of husband F, and repaid the loan principal as interest, and did not pay all the loan principal. From May 5, 2018, the Plaintiff’s contact is intentionally avoided.
Therefore, the Defendant et al. is jointly and severally liable to pay the Plaintiff the above loan amount of KRW 255,400,000 and damages for delay.
2. We examine the judgment on the cause of the claim, and examine the overall purport of Gap evidence Nos. 1 through 5, and examine each of the statements and arguments as to the reasons for the claim, if the appointed party C and D are their children, and the defendant and the appointed party D, on February 3, 1998, with respect to the amount borrowed from the business funds of the designated party C to the creditors including the plaintiff on February 3, 1998 (from February 1, 1998 to January 31, 1999) with respect to the debt borrowed from the designated party C, they shall be liable and repaid in installments for three years (hereinafter "each of the above cases"), and the defendant et al. shall prepare and deliver to the plaintiff on February 5, 1998 the loan certificate and the joint and several sureties's loan certificate with the content that "I will pay the above amount on the date of repayment in accordance with the separate sheet."