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1. The Plaintiff’s debt guarantee obligation between the Plaintiff and the Defendant against the principal debtor’s debt on October 24, 2013.
Reasons
1. Basic facts
A. On October 24, 2013, the Defendant concluded a contract to lend KRW 3 million to Nonparty B.
B. On October 24, 2013, the Defendant’s employee asked the Plaintiff about whether he/she consented to the joint and several guarantee of B’s loan obligations by phoneing to the Plaintiff, and the Plaintiff responded to the purport that he/she consents thereto.
C. B between the Plaintiff and the workplace partner B entered matters necessary for joint and several sureties, such as the Plaintiff’s personal information, in the form of a loan joint and several sureties contract to the effect that the Plaintiff is jointly and severally liable for a loan to the Defendant, and entered the Plaintiff’s name in the column of joint and several sureties, and signed the Plaintiff’s name next thereto, and issued it to the Defendant along with a certificate of employment in the name of the Plaintiff, a copy of passbook
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4 through 8, the purport of the whole pleadings
2. Determination
A. As seen earlier, prior to the authenticity of the evidence No. 1, there is no dispute between the parties as to the fact that the Plaintiff did not prepare the joint and several guarantee contract of this case. Thus, the evidence No. 1 alone cannot be recognized as the establishment of the said petition, and there is no other evidence to acknowledge it.
B. Article 3(1) of the Special Act on the Protection of Guarantors (hereinafter “Special Act on the Protection of Guarantors”) provides that “A guarantee shall take effect when its intention is indicated in writing with the name and seal or signature of the guarantor.”
As such, the purport of demanding a document with the name and seal or signature of the guarantor in the declaration of intent of guarantee is to guarantee more clear means of confirmation as to the existence and content of the guarantee by clearly indicating the intent, and on the other hand, to make the guarantor provide a guarantee as a result of being familiar with the intent of enabling the guarantor to do so as much as possible.
In addition, the same law.