1. The Defendant shall pay to the Plaintiff KRW 50 million and the interest rate of KRW 15% per annum from April 22, 2015 to the date of complete payment.

1. Determination on the cause of the claim

A. On April 22, 2015, the Plaintiff leased KRW 50 million to C with interest rate of KRW 2.5% per month (payment on April 22), and the Defendant guaranteed the above loan obligations.

[Ground of recognition] Facts without dispute, Gap 1 evidence, purport of whole pleadings

B. The Plaintiff’s assertion and judgment 1) The Plaintiff asserted that the Defendant jointly and severally guaranteed the above loan obligation, but it is not sufficient to acknowledge the Plaintiff’s certificate alone, and there is no other evidence to acknowledge it. 2) According to the above facts of recognition, the Defendant, a simple guarantor, jointly with C, is liable to pay to the Plaintiff the agreed interest and delay damages at the rate of 15% per annum from April 22, 2015 to the date of full payment, as the Plaintiff seeks.

2. Judgment on the defendant's assertion

A. The defendant asserts that the defendant signed the certificate of loan (No. 1) as a guarantor, but it is merely a signature signed with the purport that the defendant confirmed the presence at the time of the loan, not the purpose of guaranteeing the loan obligations, but the purport of confirming the presence at the time of the loan.

However, in light of the fact that the Defendant stated the loan certificate of this case as the surety rather than the “party who was admitted”, and the objective meaning of the phrase “sureties” as stated in the loan certificate by social norms is reasonable to deem that the Defendant bears the guaranteed obligation for the loan obligation, and otherwise there is no evidence to deem the objective meaning of the above language only is the intention of attending the meeting. Thus, the Defendant’s above assertion is without merit.

B. The defendant asserts that the defendant, as a mere guarantor, exercises his right of defense of highest search.

The guarantor's right to defense of highest inspection can be established when the guarantor establishes that the debtor's ability to repay and its execution is easy, and it cannot be asserted that the debtor merely makes a claim first against the principal obligor.

Supreme Court on September 24, 1968