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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. There is no dispute between the parties to the determination of the cause of the claim, or according to the purport of each entry in the evidence of subparagraphs 1 through 5 and all pleadings, the Plaintiff leased KRW 8,00,00 to B on June 12, 2012 at the rate of 38% per annum, the rate of delay interest rate of 39% per annum, the due date of payment on June 12, 2015, and the due date of payment on June 12, 2015. The Defendant jointly and severally guaranteed the debt of the B within the limit of KRW 10,40,00 (hereinafter “joint and several surety in this case”); the Defendant delayed the repayment of the debt of the above borrowed amount from January 25, 2013; the principal remaining after the above borrowed amount was due as of September 3, 2013.
According to the above facts, the defendant, who is a joint guarantor of the above borrowed loan debt, is obligated to pay to the plaintiff 6,374,551 won and damages for delay calculated at the rate of 38% per annum from January 25, 2013 to February 26, 2013 and 39% per annum from the next day to the date of full payment.
2. The defendant's assertion argues that the joint and several guarantee of this case is not indicated in writing with the name and seal or signature of the defendant who is the guarantor, and thus, it is invalid in accordance with Articles 3 (1) and 11 of the Special Act on the Protection of Surety.
The guarantee under Article 3 (1) of the Special Act on the Protection of guarantors shall take effect only when the intention is indicated in writing with the name and seal or signature of the guarantor.
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 are not only applied to the expression of intent of guarantee, but also the above.