1. Of the judgment of the court of first instance, the Plaintiff lost the conjunctive claim that constitutes the following order for payment.

1. In the first instance court, the Plaintiff filed a claim for the performance of the obligation under a joint and several surety contract and damages arising from the conjunctive tort. The court of first instance dismissed both the Plaintiff’s primary claim and the conjunctive claim.

In this regard, the plaintiff filed an appeal only for the part against the conjunctive claim, which is limited to the part of the conjunctive claim among the plaintiff's claims.

2. Basic facts

A. B took out a loan of KRW 4,00,000 from the Plaintiff on July 8, 2013, and agreed on July 7, 2018 as the interest rate and overdue interest rate of KRW 39% per annum, and the expiration date of the loan.

B. At the time of the above loan, when documents such as a joint and several guarantee contract with the purport that the Defendant jointly and severally guaranteed the Defendant’s debt, a copy of the Defendant’s resident registration certificate, a certificate of acquisition of eligibility for the health insurance, a certificate of payment of long-term care insurance premium, etc. were submitted to the Plaintiff, the employee in charge of the Plaintiff called the Defendant before implementing the above loan, and explained the terms and conditions of the loan and the contents of the joint and several guarantee, and confirmed whether the Defendant’s personal information, the intent of the joint and several guarantee contract, and the original entry

C. However, the defendant did not have prepared a joint and several guarantee contract for the above loan.

B has lost the benefit of time due to the repayment of the above loan, and the above loan obligation remains in total of KRW 4,012,246 as of September 9, 2013, including the principal amount of KRW 3,99,588 and interest KRW 12,658.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 10, the purport of whole pleading

3. Judgment on the conjunctive cause of claim

A. According to the facts of recognition of tort damage liability, the defendant does not intend to conclude a joint and several surety contract with the plaintiff with respect to the loan obligation of B.