2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

A. The Plaintiff, an individual entrepreneur, who runs the furniture sales business under the trade name of “D,” received orders from C (the representative director: Defendant) to supply and install a household related to the interior, and completed the establishment of a household in the E-ju stores and written stores.

B. On May 7, 2015, C prepared and delivered to the Plaintiff a written statement of payment stating that “The payment method of KRW 7,150,000 (excluding value-added tax) for the construction work described in the above paragraph (a) shall be paid by May 15, 2015, but if the original company F does not pay the construction cost from the original company F by the said date, it will substitute it with the Defendant’s personal loan, the representative of C (hereinafter “instant statement of payment”).”

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. Of course, the general legal doctrine on the interpretation of legal acts is applied with respect to the expression of intent to guarantee the cause of a claim. However, in determining “the intention to guarantee”, the written form and its structure or form, the background leading to the guarantee, the type or content of the principal obligation, the relationship between the parties, the contents and quantity of the previous transaction, etc. shall be comprehensively taken into account, and it is not required that the written form necessarily include the description “sureties” or “guaranteed”.

(See Supreme Court Decision 2013Da23372 Decided June 27, 2013, etc.). In light of the content of the bill of payment in this case, the details of the letter of payment in this case, the process of preparation, the relationship between the parties, etc., it is reasonable to deem that the Defendant, as the representative director C of the instant letter of payment, expressed his/her intent of guarantee for each of the instant letter of payment in this case C (in light of the content of the letter of payment in this case, the Defendant appears to have signed the letter of payment in this case at the representative director of C and the Defendant’s personal qualification), and the Defendant is jointly and severally and severally liable with C pursuant to Article 57(2) of the Commercial Act.