1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. In the first instance court, the plaintiff filed a claim for the performance of the obligation under a joint and several surety contract and damages arising from the conjunctive tort. The court of first instance dismissed the plaintiff's main claim and accepted part of the conjunctive claim.

Since only the defendant filed an appeal, the scope of this Court's trial is limited to the above preliminary claim.

2. Basic facts

A. B took out a loan of KRW 5,00,000 from the Plaintiff on November 2, 2012, and agreed that the interest rate and overdue interest rate shall be 39% per annum, and the period of the loan shall be 60 months from the date of conclusion of the contract, and the 20th day of each month shall be the date of repayment and the loan shall be repaid in a free repayment method.

B. At the time of the above loan, when the Defendant submitted to the Plaintiff a loan contract under the name of the Defendant, a provisional contract under the name of the Defendant (loan transaction certificate), and a copy of the Defendant’s resident registration certificate, the employee in charge of the Plaintiff called to the Defendant before performing the above loan on November 2, 2012 to explain the terms and conditions of the loan and the contents of the joint and several liability, confirm the Defendant’s personal information, intent of joint and several liability, and whether the provisional contract was written, and requested the Defendant to agree on the loan information and credit information, prepare and send the original copy of the joint and several liability contract. The Defendant confirmed all of the above joint and several liability doctor and the provisional contract, and agreed to inquire the Plaintiff into the Defendant’s loan information and credit information, and prepared and sent the original copy

C. However, the defendant did not prepare the original of the joint and several guarantee contract concerning the above loan obligations of B thereafter.

B From June 27, 2013, since the above loan was not repaid, B lost the benefit of time. Of the above loan debt, the principal amount of KRW 5,000,000 and the interest and overdue interest accrued from June 27, 2013 have not been repaid.