1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. A. From November 1, 2013, employees of C Co., Ltd. (hereinafter “C”) conducting non-face loan business were confirmed by obtaining the Defendant’s consent to provide personal information, a copy of the Defendant’s driver’s license, a copy of the Defendant’s business registration certificate, and a certificate of the Defendant’s income amount, as D’s obligor and the Defendant’s joint and several surety’s name were written in each of the Defendant

B. On November 5, 2013, C’s employees made a call for the examination of loans with the Defendant, and the Defendant, upon informing the employees of C of his resident registration number, cooperateed in the process of identification, and responded to “to prepare a joint and several guarantee contract and send it by facsimile.” The Defendant responded to the question whether the Defendant is a joint and several surety for D loans.”

C. C on November 5, 2013, with a maturity of KRW 3,000,000 on November 4, 2018, C lent the amount of KRW 39% per annum on November 4, 2018, interest rate of KRW 39% per annum on delay damages, 39% per annum on delay damages, and 25 days per month on the date of repayment of principal and interest (hereinafter “the instant loans”). D.

On the other hand, C requested the defendant to prepare a joint and several guarantee contract, and sent a joint and several guarantee contract in which the joint and several guarantee seal is blank by mail, but the defendant did not prepare a joint and several guarantee contract and send it to C.

(e) The writing of the defendant's name stated in the column of joint and several sureties in the joint and several sureties contract sent by facsimile (Evidence A) is different from the writing of the work log (Evidence B No. 9) written by the defendant even if it is the body.

F. C transferred the instant loan claims to E Co., Ltd. (hereinafter “E”), and to the Plaintiff on March 6, 2015, respectively, on December 23, 2014, and notified D of the fact of each transfer of claims.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12, Eul evidence Nos. 1, 2 and 9, the purport of the whole pleadings

2. The argument and judgment.