On September 23, 2013, the Plaintiff’s employees received the application for the loan of the joint and several sureties B, and requested the Defendant to post a telephone to confirm the intent of the guarantee and send the signature on the joint and several sureties contract. On the same day, B with interest rate of KRW 3,00,000 at 39% per annum and 36 months for the loan period.

On September 26, 2013, the employee of the Plaintiff asked the Defendant to send a joint and several surety contract by telephone to the Defendant at any time, and the Defendant asked to send it by no later than the following week.

On October 1, 2013, the plaintiff's employee notified the defendant of the arrival of the joint and several sureties contract (Evidence A No. 1) by posting a telephone, and asked the defendant whether the defendant signed and sent the contract on the joint and several sureties contract.

B on June 27, 2014, due to delay in the repayment of principal and interest, lost the benefit of time, and the remaining principal of the loan is KRW 2,679,955.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, and the plaintiff's primary claim for the purport of the whole pleadings is the defendant's joint and several guarantee for the above obligation, and the defendant is claiming the performance of the guaranteed obligation.

Article 3(1) of the Special Act on the Protection of Suretys provides that “A guarantee shall take effect in writing with the name and seal or signature of the guarantor,” and Article 11 of the same Act provides that “Any agreement contrary to this Act and that is disadvantageous to the guarantor shall be null and void.”

In the case of this case, there is no evidence to acknowledge that the signature recorded in the joint and several surety column of Gap evidence 1 is the defendant, and the effect of joint and several surety cannot be recognized.

Therefore, the plaintiff's primary claim is without reason to examine further.

According to the facts of the judgment on the preliminary claim, the defendant did not intend to stand a joint and several surety for the obligation of B, and signed on the joint and several surety contract and sent it to the plaintiff.