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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. On March 24, 2014, the Plaintiff loaned KRW 100,000,000 to B with interest rate of KRW 24% per annum and due date of repayment on September 23, 2014. ② On August 12, 2014, the Plaintiff determined and lent KRW 30,000,000 as interest rate of KRW 24% per annum and due date of repayment on August 12, 2015.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1, 2-2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. (1) The plaintiff is jointly and severally liable to pay to the plaintiff 130,000,000 won and the amount based on the agreed rate to the plaintiff 2, since the defendant was jointly and severally liable to pay to the plaintiff 130,000,000 won to the plaintiff 2.
(2) At the time that the Defendant Plaintiff lent KRW 130,00,000 to B, it is the obligor B, and the Defendant only permits the establishment of the right to collateral security to the Defendant’s real estate to secure another’s property, and there was no joint and several liability for the Plaintiff’s obligation to the Plaintiff. Therefore, the Plaintiff cannot accept the Plaintiff’s claim.
B. In full view of the purport of the entire arguments in the statement No. 3-1 and No. 2 of the document presumed to have been authentic due to the lack of dispute in the defendant's seal image part, the defendant can be found to have jointly and severally guaranteed the defendant's debt to the plaintiff Eul at the time of lending the money to the plaintiff Eul, and the statement of No. 1 submitted by the defendant to the defendant alone is insufficient to reverse the above recognition, and no other counter-proof exists.
Therefore, the Defendant is jointly and severally liable with B to pay the Plaintiff 130,000,000 won as loans and interest accrued therefrom as agreed upon by the Plaintiff, with 24% interest per annum from August 15, 2014 to the date of full payment.
3. Conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning.
The judgment of the first instance court is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.