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1. All appeals filed by the plaintiff and defendant C are dismissed.
2. Of the appeal costs, the part arising between the Plaintiff and Defendant D.
Reasons
1. The grounds for the judgment of the court of first instance (excluding the plaintiff's assertion against co-defendant B of the court of first instance and the part concerning determination thereof) shall be cited on the grounds of this judgment pursuant to the main sentence of Article 420 of the Civil Procedure Act citing the judgment
However, as follows, part of the judgment of the first instance court is dismissed, and the judgment on the allegations made by the plaintiff and defendant C in this court shall be added.
2. Parts to be dried;
A. Under the first instance judgment 9, the portion of the relevant legal principles [the part] from five to ten pages 5 (A] below the first instance judgment and used a loan from a financial institution related to the legal principles as follows. hereinafter “A”), in cases where a third party borrowed a loan from a third party, regardless of whether the third party is liable to the financial institution that is the creditor, the actual principal obligor is liable to compensate as the principal obligor for the joint and several liability for the joint and several liability, if the joint and several surety guaranteed the actual principal obligor with the guarantee intention to the financial institution that is the creditor and performed the guarantee obligation for that purpose, the actual principal obligor shall be liable to compensate as the principal obligor for the joint and several liability, and this shall also be deemed as in the case of a physical guarantee (see, e.g., Supreme Court Decision 2013Da80429, 80346, Apr. 30
B. The plaintiff's respective claims against the defendant D with respect to the plaintiff's claim against the defendant, i.e., the defendant D is the actual debtor of the loan of this case, or ii the defendant D's water guarantee agreement (as to the loan of this case, the agreement between the plaintiff and the defendant D provides the plaintiff's real estate as security) with respect to the plaintiff's claim against the defendant, i.e., the defendant D's claim against the defendant, i., the actual debtor of the loan of this case, or ii) the water guarantee agreement between the plaintiff and the plaintiff.
hereinafter referred to as “the instant water guarantee agreement”
(3) Defendant D’s use of the instant loan constitutes unjust enrichment in relation to the Plaintiff.