A. The Plaintiff asserted that the Plaintiff lent to Defendant C a total of KRW 154,000,000 (hereinafter “instant loan”) five times from July 11, 2017 to November 27, 2017, and Defendant B promised to guarantee the Plaintiff’s obligation to pay the instant loan to the Plaintiff on or around July 11, 2017, and written a contract for construction work (Evidence 1-2) written by the Plaintiff on the name of the contractor (Evidence 1-2) in the name of the contractor.

Therefore, Defendant B is jointly and severally liable with Defendant C to pay to the Plaintiff the amount of KRW 154,00,000 as guaranteed obligation, and the agreed party or delay damages as stated in the claim thereof.

B. The first sentence of Article 428-2(1) of the Civil Act provides that “A guarantee shall take effect upon the document with the name and seal or signature of the guarantor.”

Therefore, as to whether Defendant B expressed his intent to guarantee the obligation of the instant loan to the Plaintiff in writing with Defendant B’s name and seal or signature, it is not sufficient to recognize it only with the statement of No. 1-2 (Construction Contract). There is no evidence to acknowledge it otherwise.

Therefore, the Plaintiff’s claim against Defendant B is without merit to examine the other issues.

2. The Plaintiff’s claim against Defendant C with a total of KRW 154,00,00 per annum on July 11, 2017,00,000, and KRW 3.50,000,000 on August 3, 2017, and KRW 19,000 on October 25, 2017, and KRW 25,000 on November 25, 2017, and KRW 154,000,000 on November 30, 2017, and the due date for repayment shall be 1 to 6 months after the date of each loan shall not be clearly disputed by Defendant C in pleading, and thus, Defendant C deemed to have led to a confession of the Plaintiff’s repayment from the date of pleading at issue on November 14, 2018 to KRW 100,000 on the date of pleading at issue on the Plaintiff.