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. Basic facts

A. On October 11, 2013, Sick loan Co., Ltd., a credit service provider, extended a loan of KRW 33% per annum to B on October 11, 2013. In the process, the Defendant’s loan guarantee contract (Evidence A 1) and joint and several guarantee contract (Evidence A6) under the name of the Defendant that the Defendant jointly and severally and severally guaranteed the above loan.

B. Around that time, the employee in charge of the Plaintiff called to the Defendant and explained the terms and conditions of the loan and the contents of the joint and several sureties, and confirmed whether or not the intent of the joint and several sureties and the written application of the joint and several sureties contract were written.

C. On September 24, 2016, the machine loan transferred the above claim to the Plaintiff. On September 21, 2016, the Plaintiff notified the Defendant of the assignment of the claim. D.

The obligations of the above loans currently remain the principal amount of KRW 5,00,000 and interest and delay damages from January 7, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 7, and 8, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant, as joint and several surety, has a joint and several surety obligation to pay KRW 6,950,000 to the plaintiff as a joint and several surety.

B. Article 1 of the former Special Act on the Protection of Surety (amended by Act No. 13125, Feb. 3, 2015; hereinafter “former Act”) provides that “The purpose of this Act is to prevent economic and mental harm of a guarantor due to a guarantee that takes place without any consideration by prescribing special cases concerning the Civil Act with respect to a guarantee, and to contribute to the settlement of a credit society by establishing a reasonable practice of guarantee contract for monetary obligations.” Article 3(1) of the same Act provides that “A guarantee shall take effect in writing with the name and seal or signature of the guarantor.”