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. Facts of recognition;

A. On August 23, 2013, the Marshall Franchise Co., Ltd. (hereinafter referred to as “Manish Loan”) determined and lent KRW 5,000,000 to B on August 23, 2016 as the due date for payment, and on August 23, 2016, the agreed rate and overdue interest rate of KRW 39% per annum.

(hereinafter “instant loan claim”). (b)

On July 31, 2015, Nonparty Company transferred the instant loan claim to the Plaintiff, and notified Nonparty B of the assignment of the claim.

C. As of September 22, 2015, the principal of the instant loan claims that the Plaintiff acquired by transfer is KRW 4,578,231.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant jointly and severally guaranteed the Defendant’s debt owed to the Nonparty Company B. As such, the Plaintiff, the assignee of the instant loan claim, is obligated to pay the Plaintiff the amount of KRW 6,386,817 and the damages for delay calculated at the rate of 34.9% per annum from June 17, 2016 to the date of full payment. In addition, the Nonparty Company directly confirmed the Defendant’s intent of joint and several sureties, and at the time, the Defendant stated that there was a false signature and seal in the joint and several sureties contract.

As such, the defendant deceivings the non-party company, and the non-party company was to lend money to the non-party company B, thereby causing damages to most of which could not be recovered, the defendant shall compensate the plaintiff who received all claims from the non-party company for damages caused by tort.

B. The defendant's assertion B is only limited to a loan broker and a currency for which the defendant's assertion B is able to obtain a loan, and there is no name or seal in the joint and several sureties contract or a written signature.

3. Determination

A. Regarding the assertion of joint and several sureties, 1) Special Act on the Protection of Surety (hereinafter “Surety Protection Act”) is applicable.

Article 1 This Act provides for special exceptions to the Civil Code, thereby making it possible for the Civil Code to do so without any consideration.