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1. The Plaintiff’s Defendant based on an additional loan agreement entered in the separate sheet signed by the Defendant and Nonparty B on February 25, 2015.
Reasons
1. Basic facts
A. C purchased a dump truck with the other 25.5 tons under the name of the spouse, and applied for a vehicle installment loan (hereinafter “instant loan”) to the Defendant. “A joint guarantor” in the said loan application includes the name of the Plaintiff in the name of the joint guarantor, the Plaintiff’s seal impression is affixed on the name following the name, and the Plaintiff’s certificate of personal seal impression and a certified copy of the resident registration card are attached.
B. B forfeited the benefit of time due to the failure to repay the loan under the instant loan agreement, and the Defendant sent a notice of loss of time to the Plaintiff on August 3, 2015 and January 4, 2016.
B’s obligation under the instant loan agreement is KRW 75,874,366 as of January 13, 2016 (principal KRW 71,363,464).
【Unsatisfy-founded facts, Gap evidence 2-1 through 4, 3-1, 2, 4-1, 2-2, Eul evidence 1-1, 2-2, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion does not have signed and sealed on the column of joint and several sureties of the loan contract of this case. C requires a license guarantee for a person with a large license for receiving the loan of this case, and issued a seal imprint certificate and a certificate of personal seal impression. After the loan contract of this case, the defendant's call center's female employees hear the words "joint and several sureties" and express their intent to refuse the joint and several sureties. Since the call center's confirmation is formally responding to the currency with the call with the members of the call center, which was suffering from the call center's employees D, after hearing that the license guarantee is satisfied and the confirmation is formal, joint and several sureties contract between the plaintiff and the defendant is invalid in violation of any special Act for the protection of the guarantor, or made by deception with C and D, and it is revoked as a duplicate of the complaint of
B. Determination 1) The former Special Act on the Protection of Surety (amended by Act No. 13125, Feb. 3, 2015; hereinafter referred to as “Gu”).