1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. The court's explanation concerning this case is the same as the written judgment of the court of first instance, except for a new determination as to the grounds for appeal in accordance with Article 420 of the Civil Procedure Act, since the reasoning for appeal in this case is the same as the written judgment of the court of first instance.

2. The part to be judged again

A. From January 1, 1999, the defendant asserts that the guarantee agreement of this case is null and void because it violates Article 103 (Juristic Act Contrary to Social Order) or Article 104 (Unfair Juristic Act) of the Civil Act, since it is possible to guarantee a comprehensive probation only to the real owner of the company, and it is prohibited to provide a third party security.

A special law for the protection of guarantors, there is no provision for the prohibition of joint and several sureties by a third-party security offerer, and the evidence submitted by the defendant alone is a provision prohibiting such joint and several sureties.

In light of the fact that it is insufficient to recognize that such provision is an effective provision, there is no other evidence to acknowledge it, and that according to the entries in Gap evidence 1 through 5 and the purport of the whole pleadings, the contract of the instant collateral guarantee is prepared to guarantee the specific debt, which is the obligation to the plaintiff of the company other than the lawsuit, and its scope of the guaranteed obligation is specified. The limit is set at KRW 2,233,00,000, and it appears that it takes into account the principal and interest of the loan to the non-party company of the plaintiff, it is difficult to deem that the defendant's joint and several liability is in violation of Article 103 or 104 of the Civil Act, and thus null and void.

This part of the defendant's assertion is not accepted.

B. At the time when the Plaintiff entered into the instant collateral guarantee agreement, the Defendant ought to help the Defendant understand the customer by putting the explanation, such as the meaning of the joint and several liability, the term of the defense of highest search, and the scope of liability according to the type of the joint and several liability.