1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. The party's assertion

A. On February 9, 2001, Defendant B (hereinafter “B”) of the first instance court (hereinafter “Defendant B”) obtained a loan of KRW 5 million from the Korea Saemaul Bank, and the Defendant jointly and severally guaranteed the above loan obligations. 2) The above loan obligations of the Korea Saemaul Bank of Austria were transferred to the Plaintiff on June 28, 2013.

As of February 13, 2015, B’s principal obligation amounting to KRW 10,409,228 (= Principal amounting to KRW 4,945,982) and KRW 5,463,246).

Therefore, the defendant who is a joint and several surety is jointly and severally liable with the principal obligor B to pay the above amount and damages for delay.

B. The Defendant’s assertion 1) B was the Defendant’s husband, and eventually, the damage was caused by gambling and family negligence on April 2006, and the Defendant was rendered a divorce judgment with B on July 24, 2007, and as of July 24, 2001, the Defendant prepared to move to KIKO, and left the Republic of Korea on April 3, 2001. At the time of 2001, B was necessary to issue various documents, such as the Non-Party’s husband, and issued one copy of the Defendant’s certificate of personal seal.

However, B used the defendant's certificate of the personal seal impression to obtain the loan, and the defendant's personal information in the loan agreement was also stated voluntarily.

3) Ultimately, the Defendant did not provide joint and several sureties for the loan obligation of B. Meanwhile, the extinctive prescription of the principal obligation of B has already expired after the extinctive prescription of the commercial.

2. Determination:

A. In light of the following circumstances, it cannot be readily concluded that the Defendant jointly and severally guaranteed the loan obligations under B.

1) The Defendant’s seal affixed to the loan agreement (No. 6) is based on so-called “abdo” and is different from the Defendant’s name seal impression attached to the loan agreement. (2) The Defendant’s address stated in the said loan agreement is also different from the Defendant’s name certificate and resident registration certificate address ( Daegu Northern-gu D apartment 101 Dong 601) at the time of the Defendant.

3 The phrase "joint guarantor" as stated in the above loan agreement refers to the word "debtor".