1.The judgment of the first instance shall be modified as follows:

The plaintiff succeeding intervenor's claim is dismissed.

2. The total cost of the lawsuit.

1. Basic facts

A. Around September 25, 2015, the Plaintiff’s succeeding intervenor was due on September 24, 2020, and the agreed interest rate was 34.9% per annum and lent KRW 3 million to B.

B. As for the joint and several surety contract prepared on the same day as the monetary loan contract in the above B, the defendant's name is written in the signature column along with the defendant's personal information and the defendant's name is affixed with a seal affixed thereon.

C. Around December 1, 2015, the Plaintiff’s succeeding intervenor transferred the above loan claims against B to the Plaintiff, and sent a notice of the assignment of claims to B and the Defendant on December 3 of the same year.

On August 24, 2018, when the lawsuit of this case was pending, the Plaintiff transferred the above claim against B to the Intervenor succeeding to the Plaintiff, and sent a notice of transfer of the claim to B. On August 31, 2018, the Intervenor succeeding to the Plaintiff acquired the claim against the Defendant from the Plaintiff and submitted an application for participation to the court.

9.6. The Defendant revealed that his claim against the Plaintiff was transferred to the Intervenor succeeding to the Plaintiff, and submitted the written withdrawal from the lawsuit to this court.

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

2. Determination:

A. 1) A party’s assertion 1) In receiving a monetary loan from the Plaintiff’s succeeding Intervenor B, the Defendant jointly and severally guaranteed the obligation. However, as the Defendant lost the benefit of time due to delay in paying interest, the Defendant, a joint guarantor, shall pay the principal and interest of the loan (it shall be interpreted in light of the Plaintiff’s cause of claim and the purport of the Plaintiff’s succeeding Intervenor

(2) The defendant did not have any joint and several sureties and the joint and several sureties contract is forged by B.

B. The only evidence that the Defendant jointly and severally guaranteed the Defendant’s debt to the Intervenor succeeding to the Plaintiff is the joint and several guarantee contract (Evidence A 2) as seen earlier. The Defendant’s name is indicated in the signature column, and the Defendant’s name is inscribed.