1. Of the judgment of the court of first instance, the Plaintiff lost with respect to the ancillary claim that orders payment under the following.

1. In the first instance court, the Plaintiff filed a claim for the performance of the obligation under a joint and several surety contract and damages arising from the conjunctive tort. The court of first instance dismissed both the Plaintiff’s primary claim and the conjunctive claim.

In this regard, the plaintiff filed an appeal only for the part against the conjunctive claim, which is limited to the part of the conjunctive claim among the plaintiff's claims.

2. Basic facts

A. B took out a loan of KRW 5,00,000 from the Plaintiff on November 26, 2012, and agreed that the interest rate and overdue interest rate shall be 39% per annum, and the expiration date of the loan shall be November 25, 2017, which shall be the 20th day of each month, and the loan shall be repaid in a free repayment method.

B. At the time of the above loan, the documents such as the provisional contract under the name of the defendant, the copy and abstract of the defendant's resident registration certificate, the resident registration record card, and the statement of bank transaction statement were submitted to the plaintiff. On November 26, 2012, the employee in charge of the plaintiff called to the defendant before performing the above loan, and explained the terms and conditions of the loan and the contents of the joint and several sureties, and confirmed whether the defendant's personal information, the intent of the joint and several sureties, and the original written statement of the provisional contract were all confirmed.

C. However, the defendant did not have prepared a joint and several guarantee contract or provisional contract with respect to the above loan.

B From July 23, 2013, since it was impossible to repay the above loans, B lost the benefit of time due to its failure to repay the loans, and the above loan obligations remain in total of KRW 5,502,191 as of October 25, 2013, including the principal amount of KRW 5,00,000,000 and interest KRW 149,589, overdue interest, and overdue interest of KRW 352,602.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 9, Eul's 2 through 4, the purport of the whole pleadings

3. Judgment on the conjunctive cause of claim

(a) tort liability.