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1. The judgment of the first instance, including the plaintiff's conjunctive claim added at the trial, shall be modified as follows:
Reasons
1. Facts of recognition;
A. On September 26, 2013, the Plaintiff, the object of which is credit business, etc., lent KRW 4,000,000 to B on September 25, 2018 as of the due date, and the agreed interest rate and overdue interest rate were 39% per annum.
B. B, from August 21, 2014, lost the benefit of time due to the delayed payment of the principal and interest of the contract from around August 21, 2014.
C. On September 26, 2013, the above lending date, the Plaintiff was submitted a joint and several surety contract with the Defendant’s signature (hereinafter “instant joint and several surety contract”), and a copy of the Defendant’s driver’s license, business registration certificate, value-added tax-free business operator’s revenue certificate, and a statement of passbook transaction statement with the Defendant. On the same day, the Plaintiff sent a three-time telephone call with the Defendant through the employees, and confirmed the Defendant himself through the Defendant’s name, resident registration number, home address, etc., and provided guidance as to the terms and conditions of the lending, such as the amount borrowed, interest rate, and the period of the Defendant’s joint and several surety. ② The Defendant directly signed the name, private person, etc. of the instant joint and several surety contract,
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of whole pleadings
2. Judgment on the main claim
A. 1) The Plaintiff’s assertion 1) The Defendant jointly and severally guaranteed the Plaintiff’s loan obligations against the Plaintiff. As such, the Plaintiff is obligated to pay to the Plaintiff the Plaintiff damages for delay calculated at the rate of 39% per annum from August 22, 2014 to the date of full payment with respect to KRW 3,979,028 and its KRW 3,91,785, within the limit of guarantee limit of KRW 5,560,000, and the Plaintiff is obligated to pay damages for delay calculated at the rate of 39% per annum from August 22, 2014 to the date of full payment. 2) The Defendant’s assertion that the Defendant’s loan B is aware of the Defendant’s loan limit, and the Plaintiff’s signature and seal or signature are not expressed with the intent of guarantee agreement.
(b) the judgment guarantor;