1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

The fact that the Plaintiff applied for a payment order against the Plaintiff to pay the guaranteed debt on March 11, 2015 for the joint and several debt of KRW 5 million against the Defendant, and the Defendant issued a payment order under the Seoul Central District Court’s judicial assistant officer’s order on October 29, 2015; the original copy of the payment order was served on the Plaintiff on November 4, 2015; the fact that the payment order was finalized on November 19, 2015 due to the Plaintiff’s failure to raise an objection is significant in this court.

On the other hand, there is no dispute between the parties that the plaintiff did not sign and affix a seal on the contract to the effect that he/she jointly and severally guaranteed the above loan obligation, and that the plaintiff respondeds to the telephone conversation that the defendant's counselor has verified the above joint and several liability due to the pressure and intimidation in B. According to the above facts, the plaintiff cannot be deemed to have jointly and severally guaranteed the above loan obligation of B, and there

Therefore, since the defendant's joint and several liability claim against the plaintiff, which was the basis of the above payment order, is not proven for its existence, compulsory execution based on the above payment order cannot be permitted.

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.