1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a person who is engaged in the business of leasing temporary materials with the trade name “D” in the case of Pakistan, and the Defendant is the representative director of “E” (hereinafter “E”) of the construction business chain.

B. On March 8, 2017, the Plaintiff concluded a contract between E and E on November 2, 2016 to lease temporary materials at the construction site located in Songpa-gu F and Kunpo-si G (hereinafter “instant contract”). The Plaintiff concluded a special agreement that “a person who serves as the representative director of E at the time of the instant contract shall be a joint and several surety without any separate seal” (hereinafter “instant special agreement”).

C. The Plaintiff’s seal and E’s official seal are affixed to the instant contract, and the Defendant’s personal seal is not affixed thereto.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The plaintiff asserts that, according to the special agreement of this case, the defendant, who is the representative director E at the time, is a joint and several surety of the above company without affixing a separate seal, and the defendant, as a joint and several surety, is liable to pay the plaintiff rent of 3,989,755 won for temporary materials and damages for delay.

On the other hand, Article 428-2 (1) of the Civil Act provides that "a guarantee shall take effect when its intention is written with the name and seal or signature of the guarantor." Thus, the special agreement of this case to the effect that the defendant immediately bears the obligation of guarantee without the defendant's seal shall be null and void in violation of the above provision. The above special agreement of this case shall be made null and void in violation of Article 3 and Article 11 of the former Special Act on the Protection of Surety (amended by Act No. 13125, Feb. 3, 2015) was made as a letter of mandatory provision under Article 3 and Article 11 of the former Special Act on the Protection of Surety (amended by Act No. 13125