1. The plaintiff's claim is dismissed.

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

1. On July 1, 2019, the Plaintiff was appointed as the representative director of C Co., Ltd. (hereinafter “C”) and resigned on December 3, 2019.

C On October 28, 2019, the Defendant entered into a loan agreement with the Defendant to purchase the furnal vehicles D and borrowed KRW 18.2 million from the Defendant.

(hereinafter “instant loan”). Meanwhile, the “joint guarantor” column of the instant loan agreement is accompanied by the Plaintiff’s name and the Plaintiff’s seal impression affixed, and the Plaintiff’s certificate of personal seal impression, a copy of the driver’s license, and a certified copy of the resident registration are attached to the loan-related documents.

(hereinafter “instant joint and several sureties.” On October 28, 2019, the Defendant’s staff-in-charged to the Plaintiff on the date of the loan, and confirmed that “C has received a loan” and “the Plaintiff has made a joint and several sureties,” and the Plaintiff responded to the purport that such fact exists.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 through 5, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion did not have a joint and several surety of this case.

The plaintiff issued a seal imprint certificate and a seal imprint to E to resign from the representative director of C, and only responded to the telephone of the employee of the defendant company as E.

The joint and several guarantee contract of this case is null and void because E has concluded a contract by stealing the name of the plaintiff.

The Special Act on the Protection of Surety (hereinafter “Guarantee Act”) shall apply to the joint and several sureties. Since the Defendant did not prepare a guarantee contract, separate from the loan agreement in this case, the joint and several sureties in this case is null and void in violation of Article 3 of the Guarantee Act.

B. The Plaintiff asserts that Article 3 of the Surety Protection Act applies to joint and several sureties of the instant case, but Article 428-2, Article 428-2 (Method of Guarantee) of the Civil Act by Law No. 13125 of February 3, 2015 (Method of Guarantee) 1 of the same Act is the guarantor.