1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Determination as to the cause of claim

A. The plaintiff's assertion (1) is a corporation mainly aimed at the manufacture, distribution, etc. of alcoholic beverages, and the plaintiff is the plaintiff's transaction partner as a corporation with the main purpose of the liquor wholesale business.

(2) On January 31, 2018, the Plaintiff supplied the non-party company with alcoholic beverages worth KRW 17,051,958, and received KRW 17,051,958 from the non-party company (payment date May 4, 2018). The Plaintiff demanded the non-party company to employ a joint guarantor for the above obligation to supply alcoholic beverages. At that time, the Defendant, who was the non-party company’s general executive director, entered his/her signature and seal in the endorser column.

(3) Therefore, the defendant is liable to pay the above KRW 17,051,958 and its delay damages as the defendant jointly and severally guaranteed the obligation to supply alcoholic beverages to the plaintiff of the non-party company.

B. (1) The surety is liable to perform the obligation when the principal obligor does not perform the obligation.

(Article 428 of the Civil Code). The surety shall take effect upon written indication of the surety’s name and seal or signature and seal.

(A) If a guarantee is to be valid, the intent that the guarantor will perform the obligation must be clearly indicated in writing when the principal debtor fails to perform the obligation.

As such, requiring a document with the name and seal or signature of the guarantor in the declaration of intent of the guarantee is to ensure more clear means of confirmation as to the existence and content of the guarantee, and on the other hand, it appears to the effect that the guarantor does not reach a rush guarantee as soon as possible, and is to provide a guarantee as a result of being familiar with the guarantor.

Therefore, the general legal principles as to the interpretation of legal act as to the expression of intent of guarantee are not only applied, but also the method to determine the above legal provisions.