1. All appeals filed by the plaintiff and the plaintiff succeeding intervenor are dismissed.

2. The costs of appeal are assessed against Plaintiff and Plaintiff.

1. Basic facts

A. On August 8, 2013, the Plaintiff lent KRW 3 million to B at the interest rate of 30 million per annum, interest rate of 39% per annum, and date of loan maturity on August 7, 2018.

B. The loan contract prepared at the time of the above loan (hereinafter “the loan contract of this case”) is stated as KRW 4,170,000 in the surety, the highest amount of the surety and the surety obligation.

C. On December 31, 2015, the Plaintiff transferred the above loan claims to the Intervenor succeeding to the Plaintiff, and around January 11, 2016, notified the transfer of claims to B, a primary debtor, to B.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. The assertion and judgment

A. (1) The plaintiff and the plaintiff's successor's assertion (1) defendant asserted that the plaintiff and the plaintiff's successor are jointly and severally guaranteed in writing and orally, and the defendant consented to the obligation to return the loan to the plaintiff and the plaintiff's successor through identification even at the time of credit inquiry. Thus, the defendant

(2) The Defendant’s assertion is merely a joint and several surety on August 7, 2013, which was the Defendant’s debt owed to Cho Jae-gu Loan Co., Ltd., Ltd., and as the primary obligor used the Defendant’s name by stealing the Defendant’s debt to the Plaintiff, the said guarantee contract against the Plaintiff has no validity.

B. Determination 1) Article 3(1) of the former Special Act on the Protection of Surety (amended by Act No. 13125, Feb. 3, 2015) provides that “A guarantee shall take effect only in the form of a document with the name and seal or signature of the guarantor.” That said, demanding the declaration of intent to guarantee a document with the name and seal or signature of the guarantor. On the other hand, a more clear means of confirmation is guaranteed as to the existence and content of the guarantee by clearly indicating the intent, and on the other hand, it is intended to make the guarantor guarantee as a result of the deliberation and inspection without entering into a decent guarantee as far as possible.