1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. On September 2015, the Plaintiff asserted that the Plaintiff supplied the goods equivalent to KRW 27,804,90 (hereinafter “the instant goods”) at the construction site from the site of the stirop, etc. at the time F-based loan by Defendant C of the first instance trial (hereinafter “instant goods”). The Defendant entered his resident registration number in the Plaintiff’s certificate No. 2 (a written agreement for the payment of the price for the instant goods) with the intent to guarantee the obligation to pay for the said goods (hereinafter “the instant goods”).

Therefore, the defendant is liable to pay to the plaintiff the above 27,804,900 won and damages for delay.

2. According to the judgment of the court below, Gap evidence No. 2, the defendant's direct entry of his resident registration number at the bottom of the letter of payment for goods (Evidence No. 2) is recognized.

However, since a guarantee takes place under special circumstances to recognize it, the existence or scope of guarantee should be strictly limited and recognized (see, e.g., Supreme Court Decision 2004Da34134, Dec. 21, 2006). In addition, in light of the language of the above payment pledge itself, the Defendant’s intent of guarantee is not clearly revealed, and the circumstances leading up to the Plaintiff’s delivery of the instant goods, the circumstances leading up to the formation of the said payment pledge, and the wording of the said payment pledge, it is difficult to readily conclude that the evidence submitted by the Plaintiff alone entered his resident registration number in the said payment agreement with the intent to guarantee the Defendant’s obligation to pay the instant goods, and there is no other evidence to acknowledge it.

Therefore, the Plaintiff’s claim of this case must be dismissed for lack of reasonable grounds.

The part of the judgment of the first instance against the defendant in its conclusion is justified, and the plaintiff's appeal is dismissed as it is without merit.