1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant C is dismissed.

2...

1. Determination as to the claim against the defendant B

A. On May 14, 2014, Defendant B borrowed KRW 30,000,000 from the Plaintiff (hereinafter “the instant loan”) at the interest rate of 3% per month, and on December 19, 2015, Defendant B written the loan certificate to the Plaintiff to pay the said loan by December 22, 2015 (hereinafter “the instant loan certificate”). There is no dispute between the parties.

According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 30,00,000 of the instant loan and the amount calculated at the rate of 15% per annum as requested by the Plaintiff within the agreed interest rate from May 14, 2015 to the date of full payment, as agreed upon by the Plaintiff, after the loan date, to the Plaintiff, unless there are special circumstances.

B. Although Defendant B asserted that the Plaintiff repaid all of the instant loan, there is no evidence to acknowledge this, Defendant B’s above assertion is without merit.

2. Determination as to the claim against Defendant C

A. On December 19, 2015, Defendant C is jointly and severally liable to pay the instant loan and interest or delay damages to the Plaintiff, as Defendant C jointly and severally guaranteed Defendant B’s debt of the instant loan.

B. 1) The first sentence of Article 428-2(1) of the Civil Act provides that “A guarantee shall take effect when the intent is written with the name and seal or signature of the guarantor.” In principle, “the signature of the guarantor” means that the guarantor directly takes the name of the guarantor, and it does not constitute an act of taking the name of the guarantor in lieu of the name of the guarantor (see, e.g., Supreme Court Decision 2016Da233576, Dec. 13, 2017). According to the evidence No. 2, according to the loan certificate of this case, the fact that the name and address of the defendant C are written as the joint guarantor of the loan contract of this case, but the plaintiff is present at the first date for pleading of this Court and stated on the loan certificate of this case.