1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The defendant shall be jointly and severally with the co-defendant A of the first instance trial.

1. Facts of recognition;

A. On September 28, 2012, the Plaintiff agreed to jointly Defendant A (hereinafter referred to as “A”) of the first instance trial to repay the loan amounting to KRW 65,00,00,00, the total amount of the loan amounting to KRW 87,218,576, October 8, 2015, and the date of the completion of repayment at the rate of overdue interest rate of KRW 29,00,000 per annum. A agreed to repay the loan in installments each month from November 8, 2012.

B. On the other hand, each joint and several sureties of the loan application of this case (No. 3-1) and the loan agreement of this case (No. 3-2 of this case) include the name of the defendant, and each defendant's name is affixed with the name of the defendant's seal imprint, and a copy of the defendant's certificate, resident registration certificate, and resident registration certificate are attached.

C. A was unable to properly abide by the installment repayment agreement, thereby losing the benefit of time on December 11, 2013. The amount to be repaid at the time is KRW 50,449,808, and the principal balance is KRW 47,442,820.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3, and 10 (including virtual numbers), the result of the appraisal of the seal of the first instance appraiser D, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. 1) The Defendant delegated the right to conclude a joint and several guarantee contract for the instant loan obligation to the same resident C, thereby entering into a joint and several guarantee contract with the Plaintiff. 2) Even if there was no right to conclude the said joint and several guarantee contract with the Defendant, C, beyond the scope of the right to representation granted by the Defendant, affixed the Defendant’s seal impression in the loan application and the loan agreement, and jointly and severally guaranteed the instant loan obligation. Since there was a justifiable reason to believe that C had the right to representation at the time, the Defendant is liable for the joint and several guarantee obligation.

B. If the seal affixed to the person who signed the document of determination as to the allegation of the single competence representation is displayed by his/her seal, the authenticity of that seal shall be established, unless there are special circumstances.