1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

1. Determination as to the cause of claim

A. The Plaintiff’s assertion is a person who was receiving the treatment at the Insul Hospital operated by the Plaintiff, and B is a child of the Plaintiff, and the Defendant was salved by the Defendant. At the time when A was hospitalized in the Insul Hospital, B and the Defendant jointly and severally guaranteed the Defendant’s liability for medical expenses, and the Defendant is jointly and severally liable to pay the Plaintiff unpaid medical expenses KRW 49,796,090 and damages for delay.

B. Determination 1) In full view of the overall purport of the arguments in Gap evidence Nos. 1 through 4 (including the number of branch numbers) and the whole purport of the arguments, Gap may recognize the fact that the unpaid treatment costs incurred during the period of hospitalization were signed as a joint guarantor at the time of hospitalization by the plaintiff, and the defendant may recognize the fact that Gap had signed the contract as a joint guarantor at the time of hospitalization. However, if the obligation of Gap continues to be incurred during the period of hospitalization and the guarantee contract is concluded, the guarantee contract shall be set in writing in accordance with Article 6 (1) and (2) of the Special Act on the Protection of the Surety, and if this does not specify it, the guarantee contract shall be null and void. According to Gap evidence No. 2 (a) the defendant did not specify the maximum amount of the guarantee obligation at the time of entering into the guarantee contract for the above medical treatment expenses, and thus, the defendant's claim against the plaintiff's spouse's obligation is not acceptable. Accordingly, the plaintiff's claim against the plaintiff's obligor's obligation as a joint guarantor.

According to the statement of Gap evidence No. 2, Eul is a guardian of Gap at the time of hospitalization.