1. Of the judgment of the first instance court, KRW 1,200,000 against the Plaintiff and the Plaintiff’s incidental thereto on June 4, 2015.

1. The plaintiff sought against the defendant the payment of the guarantee bond under the joint and several guarantee contract, and filed a preliminary claim for damages arising from the tort.

In this regard, the court of the first instance dismissed the primary claim and declared the conjunctive claim partially accepted.

Since only the defendant appealed against this, only the conjunctive claim belongs to the scope of the trial of the party.

2. Basic facts

A. On June 4, 2015, the Plaintiff: (a) on June 4, 2015, lent KRW 3 million to B at the interest rate of 34.8% per annum; and

B. The joint and several guarantee contract (Evidence A) drafted at the time of the above loan is written as follows: (a) the surety, the defendant, the guarantee period from June 4, 2015 to June 3, 2020; (b) the guaranteed amount of KRW 3 million; (c) the scope of guarantee (the highest amount of guarantee); and (d) the overdue interest rate of KRW 4.8%.

C. The plaintiff was not repaid KRW 3 million loaned to B.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

3. Judgment on the conjunctive claim

A. In full view of the purport of the evidence Nos. 2 and 34 as well as the voice, and the entire pleadings, the Defendant, at the time of lending money to B, may recognize the fact that the Plaintiff made a false statement, such as in the currency of the Plaintiff’s employee, without having written his/her signature on the joint and several guarantee document, and answer to questions whether “the joint and several guarantee contract was signed and sealed by writing” as “for example,” and the Plaintiff incurred damages that the Defendant believed that the joint and several guarantee contract was valid due to these acts and lent KRW 3 million to B, but the loan was not repaid.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by the tort.

B. The following circumstances are revealed by the purport of evidence No. 4 of the limitation of liability Gap, namely, the defendant's intention of joint and several sureties upon B's request.