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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Defendant’s basic facts asserted that the Plaintiff jointly and severally guaranteed the Defendant’s loan obligations against the Defendant, and received a payment order with the Seoul Central District Court 2014 tea 218259 to pay KRW 10,000,000 and damages for delay thereof. The fact that the said payment order became final and conclusive on November 8, 2014 does not conflict between the parties.
2. The parties' assertion
A. The plaintiff's assertion does not directly sign the documents related to the joint and several sureties, and thus, the expression of intent of the joint and several sureties has no effect, and the defendant and B deceptioned the plaintiff that the contract for the joint and several sureties automatically terminated if two months have passed later, and the defendant and B made an answer to the questions asked for the intention of the joint and several sureties in currency with the defendant's employees. Therefore
B. The defendant's assertion that he received a joint and several surety contract under the name of the plaintiff by facsimile and confirmed whether the plaintiff's joint and several surety will and self-signing signature with the plaintiff. Thus, the plaintiff's expression of intent is valid, and even if the plaintiff cannot be deemed to have concluded a valid joint and several surety contract between the plaintiff and the defendant, the plaintiff deceiving the defendant as if he provided a joint and several surety, and let the defendant lend KRW 10,00,000 to the defendant as if he provided a joint and several surety, and the defendant was not recovered, so the plaintiff is liable
3. Determination on the cause of the claim
A. The Defendant entered into a monetary loan agreement with B on September 4, 2014 to lend KRW 10,000,000 with the Defendant. On the same day, the Plaintiff entered into a joint and several surety agreement with B by facsimile to determine the maximum amount of the guaranteed debt as KRW 13,00,000 with respect to the guaranteed debt of B. (2) As for the said joint and several surety agreement, the Plaintiff entered into the said joint and several surety agreement with B.