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1. The part concerning the preliminary claim in the judgment of the first instance shall be amended as follows:
2. The defendant shall make the plaintiff 2,708.
Reasons
1. Basic facts
A. On May 2, 2014, the Plaintiff loaned KRW 3 million to B on May 2, 2014, at the interest rate of KRW 300,000 per annum, interest rate of delay 39% per annum, and on May 1, 2018.
B. The loan guarantee agreement (Evidence A) drafted at the time of the above loan is written as follows: (a) from May 2, 2013 to May 1, 2018; (b) from May 2, 2013 to May 1, 2018; (c) KRW 3 million of the guaranteed debt amount; (d) KRW 4.170,000 of the guaranteed debt amount; and (e) interest rate of arrears 39
[Ground of recognition] Unsatisfy, Gap evidence No. 1, the purport of the whole pleadings
2. Judgment as to the main claim
A. (1) The Plaintiff’s assertion (1) The Defendant asserted in writing and verbally jointly and severally guaranteed the obligation to return the loan, and agreed to do so even at the time of credit inquiry. As such, the Defendant is obligated to pay the Plaintiff the principal and interest of the loan as of August 25, 2014, KRW 3,796,420, and delay damages for the principal amount of KRW 2,708,337.
(2) The Defendant’s assertion No. 1 (Loan Guarantee Contract) is not the Defendant’s signature, and thus, the guarantee contract is not in violation of any special Act for the protection of the guarantor.
B. Of the judgment evidence No. 1, the Defendant’s signature portion cannot be used as evidence since there is no evidence to acknowledge the authenticity.
In addition, Article 3(1) of the former Special Act on the Protection of Suretys (amended by Act No. 13125, Feb. 3, 2015) provides that "a guarantee shall take effect when the intent is written with the name and seal or signature of the guarantor." However, requesting the declaration of intent to guarantee the document with the name and seal or signature of the guarantor, which clearly states the intent to guarantee the existence and content of the guarantee, and on the other hand, it is intended to guarantee the guarantor's guarantee as a result of deliberation and inspection without doing so in good faith as much as possible.