The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence 1, Gap evidence 2, Gap evidence 3, and Gap evidence 5-1 and 2, and there is no counter-proof.

On June 13, 2012, Nonparty C Co., Ltd. (hereinafter referred to as “C”) extended a debate loan to Nonparty D Co., Ltd. (hereinafter referred to as “D”) on the condition of equal repayment of principal and interest for the total amount of loans of KRW 26,00,000,000, and 48 months on the basis of equal repayment of principal and interest.

(hereinafter “instant loan”). (b)

In the application for the loan of this case, the name of the defendant is stated as a joint guarantor, and the defendant's seal imprint is affixed, and the highest amount of the guaranteed obligation is stated as 120% of the loan amount.

In addition, the defendant's certificate of personal seal issued by the defendant on June 5, 2012 and the defendant's resident registration certificate issued by E on May 24, 2012 were attached.

C. On December 5, 2016, the Defendant was registered as the representative director of D until D was dissolved.

As of December 14, 2018, the principal and interest of the instant loan is KRW 29,139,871, and among them, the principal and interest are KRW 14,56,351.

E. On May 20, 2016, the Plaintiff acquired the claim under the instant loan from C, and thereafter notified the Defendant of the assignment of the claim.

2. Determination

A. The Plaintiff’s assertion 1) The Defendant is a joint and several surety for the instant loan. As such, the Defendant is obligated to pay the principal and interest of this case within the limit of KRW 31,200,000, which is the Defendant’s guarantee ceiling. Even if the Defendant did not delegate his authority to the joint and several surety for the instant loan, the Defendant is liable for joint and several surety by means of expression. 2) The Defendant alleged that the Defendant lent the Defendant to D to have it registered as the representative director, and there was no joint and several surety for the instant loan, and the name of D representative director.