1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. Nonparty C borrowed KRW 10,000,000 from the Plaintiff around November 21, 2012

(hereinafter referred to as “instant loan agreement”). (b)

At the time of entering into the instant lending contract, the Plaintiff received a certificate of personal seal impression and a copy of resident registration (Evidence A 2) under the name of the Defendant, and stated “A guarantee and D for the purpose of borrowing KRW 0,000 won” in the column for the use of the certificate of personal seal

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. On November 21, 2012, the purport of the Plaintiff’s assertion was to guarantee the Plaintiff’s obligation to borrow the instant loan, and the certificate of personal seal impression entered into a valid guarantee agreement with the Plaintiff, and thus, the Plaintiff is obligated to pay the principal of the instant loan KRW 10,000,000 and delay damages.

B. 1) As seen earlier, the fact that the purport of guaranteeing C’s obligation to borrow the instant loan on the certificate of the personal seal impression issued by the Plaintiff is stated in the name of the Defendant that the Plaintiff received is stated. However, Article 3(1) of the Special Act on the Protection of Surety provides that “A guarantee shall take effect upon the presentation of the intent of the guarantor’s name and seal or signature.”

As such, demanding a document with the name and seal or signature of the guarantor in the declaration of intent of guarantee is to guarantee more clear means of confirmation as to the existence and content of the guarantee, and on the other hand, it appears to the effect that the guarantor does not reach the decent guarantee as soon as possible, and to guarantee as a result of deliberation and inspection.

In this case, the defendant did not indicate in writing his name and seal or signature on the guarantee of the loan of this case. Thus, as alleged by the plaintiff, the defendant did not indicate the loan of this case to the plaintiff.