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1. The Defendant’s claim against the Plaintiff is sought by the Jeonju District Court 2018Kasan District Court 2018Gaso712.
Reasons
1. The defendant asserts that the plaintiff is obligated to perform the guaranteed obligation because he/she jointly and severally guaranteed the plaintiff's mother C's debt. On the other hand, the plaintiff asserts that the plaintiff has no guaranteed obligation since it was signed or sealed as a joint and several surety in the column of joint and several surety of the loan certificate No. 1 (hereinafter "joint and several surety contract
2. Legal principles as to the validity of a joint and several guarantee contract
A. Article 3(1) of the former Special Act on the Protection of Surety (amended by Act No. 13125, Feb. 3, 2015; hereinafter “former Act”) provides that “A guarantee shall take effect in writing with the name and seal or signature of the guarantor,” and Article 11 of the same Act provides that “A guarantee shall take effect only when it is an agreement contrary to this Act and is disadvantageous to the guarantor.”
The purpose of the former Act was to contribute to the establishment of a credit society by preventing the economic and mental damage of the guarantor due to the guarantee performed without compensation by providing for special cases on the Civil Code with respect to the guarantee, and by establishing a reasonable practice of guarantee contract for monetary obligations.
(1) Article 1. Such a request for a document stating the name and seal or signature of the guarantor in the declaration of intent to guarantee is made out of the purport that, by clearly expressing the intent to guarantee, the dispute is prevented by guaranteeing the means of clear confirmation as to the existence and content of the intent to guarantee, and that, as far as possible, the guarantor does not reach the level of guarantee, and provides a guarantee as a result of deliberation and inspection.
(See Supreme Court Decision 2013Da23372 Decided June 27, 2013). Generally, unlike the name and seal, a signature means that the nominal owner himself/herself has written his/her name.
However, the third party is the guarantor on the signature of the guarantor.