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. Basic facts

A. On August 25, 2003, the Defendant’s spouse B signed the Plaintiff’s credit card as a member of the Plaintiff’s credit card and did not pay the credit card in arrears. On the other hand, on August 25, 2003, the Plaintiff and the existing credit card user fee, entered into an agreement on the exchange of the Plaintiff’s credit card user fee in installments for 48 months (hereinafter “instant substitute loan agreement”).

B. The name of the defendant is written in the column of joint and several sureties and joint and several sureties of the application for the exchange theory of this case, and the letter of the joint and several sureties and the letter of payment, and the same seal as the seal impression of the defendant is affixed next thereto.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6, and 8, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. 1) The Plaintiff’s assertion 1) The joint and several guarantee agreement on the exchange loan agreement between the Defendant himself or the Defendant’s agent B (hereinafter “instant joint and several guarantee agreement”).

(2) Since the Defendant concluded a joint and several surety agreement of this case, the Defendant is obligated to pay the Plaintiff the money stated in the purport of the claim under the joint and several surety agreement of this case. (3) Even if household B did not have the right to represent the Defendant, the Plaintiff at the time has justifiable grounds to believe that the Plaintiff had the right to enter into the joint and several surety agreement of this case in the name of the Defendant, so the Defendant shall be held liable

B. Determination 1) First of all, whether the Defendant directly entered into the joint and several guarantee agreement with the Plaintiff, or whether the Defendant conferred the right of representation to enter into the joint and several guarantee agreement with the Plaintiff under his/her name. According to the above basic facts, the Defendant’s evidence Nos. 1 (written application and agreement for exchange) and No. 8 (written application for joint and several guarantee and payment angle) are deemed to have the same facts, but on the other hand, he/she is deemed to have the same facts as the Defendant’s seal impression as the Defendant’s seal impression and the Defendant’s seal impression’s seal impression.