1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Facts of recognition;

A. The Plaintiff is a credit business registered company under the Act on Registration of Credit Business and Protection of Finance Users.

B. On May 12, 2015, the Plaintiff lent 3 million won to B on the date of maturity of 60 months, interest rate of 34.8% per annum, and interest payment date as the first day of each month.

C. On May 12, 2015, the Defendant jointly and severally guaranteed the above debt, and sent to the Plaintiff a joint and several surety contract (Evidence No. 1) that contains intent to jointly and severally guaranteed the said debt by facsimile. D.

The Plaintiff requested the Defendant to send the original copy of a joint and several surety contract containing the signature of the Plaintiff according to the terms and conditions of the loan transaction by mail.

However, on June 16, 2015, the Defendant did not send the original copy of the joint and several surety contract containing the signature, and the Plaintiff notified the Defendant that the interest of the lending obligation was lost due to the failure to submit the principal documents specified in the loan transaction terms and conditions.

E. From June 29, 2015, around June 29, 2015, the Defendant requested the Plaintiff to withdraw and request the Plaintiff to lose the benefit of the term of the joint and several surety contract containing the signature of the Plaintiff. After sending the form of the joint and several surety contract to the Defendant, the Plaintiff was issued a joint and several surety contract (Evidence A No. 8) that contains the signature of the Defendant from the Defendant on July 7, 2015.

F. Article 15(3)1 and (4) of the Plaintiff’s Loan Transaction Terms and Conditions do not submit within 30 days the documents necessary for the loan agreement that the debtor and his/her joint guarantor have originally promised to submit after receiving the loan (such as a loan agreement, a guarantee agreement, etc.) and where significant risk is anticipated to preserve the loan, the Plaintiff shall urge in writing the Plaintiff to recover the relevant risk and credit, and at least 10 business days from the arrival date of the notification thereof, the obligor shall lose the benefit of time after the lapse of the period set by the Plaintiff.

In addition, Article 15 (4) of the above terms and conditions shall lose the benefit of the obligor under paragraph (3) of the same Article.