1. The defendant's appeal is dismissed.

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

3. Paragraph 1-A of the judgment of the first instance.

1. Basic facts

A. The relationship between the Defendant and B (i) Company B (hereinafter “B”) is a company incorporated on January 10, 2014 for the purpose of manufacturing steel plates and steel materials processing.

SheB was actually operated by F, and the Defendant received the request from the person who borrowed the name of the representative director B and accepted it, and registered as B’s representative director around April 2014.

B. (i) On July 2, 2014, the Plaintiff entered into a lease agreement between the Plaintiff and B (hereinafter “instant lease agreement”) with the following terms and conditions.

리스물건 : 펨프레스(G), 절곡기 ㆍ 절단기(H), 절곡기 ㆍ 절단기(I) 취득원가 : 107,500,000원 리스기간 : 39개월 매월 리스료 : 1개월 ~ 3개월 721,145원, 4개월 ~ 39개월 3,106,140원 지연손해금이율 : 연 25% ⑵ 이 사건 리스계약서의 연대보증인란에 피고의 인감도장이 날인되어 있다.

C. (i) The Plaintiff delivered the said machinery to B on August 14, 2014, which is the object of the instant lease contract.

B, from December 15, 2014, the Plaintiff did not pay the lease fees under the instant lease agreement. Accordingly, the Plaintiff expressed in the instant complaint the intent to terminate the instant lease agreement on the grounds of the delinquency in payment of the lease fees under B, and the duplicate of the instant complaint was served on B on March 24, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 6, Eul's evidence 4-1, 2, Eul's evidence 6, and the purport of the whole pleadings

2. Determination as to whether the defendant's guarantee liability arises

A. (1) The plaintiff defendant is jointly and severally liable to pay the lease fees, etc. under the lease contract of this case to the plaintiff, as the defendant is jointly and severally liable to pay the lease fees, etc. under the lease contract of this case to the plaintiff B.

⑵ 피고 ㈎ 다음과 같은 이유로 피고의 이 사건 리스계약에 대한 연대보증계약은 성립하지 않았다....