The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Facts of recognition;

A. On July 21, 2017, the Plaintiff was awarded a contract with the Codefendant C Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co-Defendant Co., Ltd. (hereinafter “C”) for the construction cost of the instant construction project in Gwangju E-si (hereinafter “instant construction”).

B. Co-Defendant D of the first instance trial jointly and severally guaranteed the obligation to pay the construction cost to the Plaintiff, and D entered the Defendant’s name in the building owner column, a joint and several surety for the construction contract, and affixed the Defendant’s seal impression on the next side, and issued the Defendant’s seal impression to the Plaintiff.

C. The unpaid construction cost of the instant construction is KRW 14,961,050.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendant, as a joint and several surety, is jointly and severally liable to pay damages for delay calculated at the rate of 15% per annum from December 13, 2017 to the day of complete payment, which is the day following the delivery of a copy of the application for the payment order in this case, to the Plaintiff, jointly and severally with C and D.

B. The Defendant’s assertion 1) D’s assertion as to the Defendant’s assertion is that the Defendant’s name is indicated in the column of the building owner, a joint and several surety for the construction contract, and affixing a seal imprint is merely intended to specify the building owner, and it does not constitute an intent of joint

In addition, D has, without the consent of the defendant, entered the name of the defendant in the construction contract of this case and affixed the defendant's seal imprint, so the above joint and several surety agreement is invalid because it was made by the unauthorized Agent.

B. In addition, the above joint and several liability method is against Article 428-2 (1) of the Civil Code which provides that the guarantor's name and seal or signature shall be expressed in writing at the time of guarantee.