In cases where a debtor uses a certificate of the seal impression and a certificate of the seal impression of a joint guarantor issued by the debtor who is to use the previous loan debt for the extension of the due date, for the conclusion of a joint and several guarantee for a new loan debt, and vice versa

The creditor's joint and several surety for the debt of the past loan to the creditor A is only issued with a certificate of seal imprint and a certificate of seal imprint at the request of the debtor necessary for the extension of the due date of the debt, and did not have consented to the establishment of a new collateral security or other new debt to the joint and several surety for the debt burden. In case the debtor arbitrarily used the above certificate of seal imprint and entered into a joint and several surety contract on behalf of the "B" with the loan of money from

[Defendant-Appellant] Korea Commercial Bank Co., Ltd., Counsel for defendant-appellant

Defendant

Seoul High Court Decision 76Na343 delivered on April 15, 1976

The appeal is dismissed. The costs of appeal are assessed against the plaintiff.

The grounds of appeal by the Plaintiff’s attorney are examined.

Even if the non-party borrowed money from the previous plaintiff to the non-party, the non-party's joint and several sureties had a personal seal impression and a personal seal impression on behalf of the non-party, and the non-party cannot be deemed to have a reasonable ground to believe that the non-party had a right to execute the joint and several sureties contract on behalf of the defendant when he borrowed money from the plaintiff newly. According to the original judgment, the court below rejected the non-party's joint and several sureties's assertion that the non-party had a right to execute the joint and several sureties contract on behalf of the non-party without any reasonable ground to believe that the non-party had a right to act on behalf of the plaintiff when he borrowed money from the plaintiff, the non-party did not have a right to act on behalf of the non-party to act on behalf of the non-party as a joint and several sureties and the non-party's new joint and several sureties's joint and several sureties's joint and several sureties's new obligation to act on behalf of the plaintiff.

Therefore, the plaintiff's appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Young-young (Presiding Justice)