1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. The plaintiff's assertion

A. On June 26, 2007, the Plaintiff extended a loan of KRW 30 million to A Co., Ltd. (hereinafter “instant loan”). On the 22th of the same month, the Plaintiff obtained a resident registration certificate from the Defendant at the Plaintiff’s office and confirmed the Defendant himself/herself, and explained the Defendant as to the guarantee of the instant loan, and entered into a joint and several guarantee contract for the instant loan (hereinafter “instant guarantee contract”) with the Defendant within the limit of KRW 39,00,000.

Therefore, the Defendant is obligated to pay the Plaintiff the balance of the principal and interest of this case within the scope of KRW 39,000,000 according to the instant guarantee agreement.

B. If the Defendant’s guarantee contract of this case was concluded pursuant to B, the father of the Defendant, the Defendant is obligated to pay the Plaintiff the balance of the principal and interest of this case within the limit of KRW 39,00,000 for the following reasons.

1) The plaintiff demanded repayment by telephone or in writing to the defendant as well as A corporation in arrears of loans, and the defendant did not raise any objection even though the above provisional attachment ruling was issued on October 9, 2008, which was the F building 108 dong 801, Dong 801, located in Gwangju Northern-gu, and the above provisional attachment ruling was delivered to the defendant on October 9, 2008, and thus, the defendant recognized the fact of guarantee. 2) It is reasonable to deem that the defendant neglected Eul to use his identification card to B granted the basic power of attorney to B, and that there was a justifiable reason to believe that B had a legitimate power of attorney to represent the defendant. Accordingly, in accordance with the legal principles of expression agency, the defendant is liable to pay the plaintiff joint and several debt obligations

2. Determination

A. Whether the Defendant entered into the instant guarantee agreement with the Plaintiff or not, the joint and several sureties column and the joint and several sureties column of the letter of credit transaction submitted by the Plaintiff, along with the Defendant’s signature, affixed the seal of the Defendant.