1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

In the court of first instance, the plaintiff filed a claim against the defendant 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 the plaintiff's main claim and accepted part of the conjunctive claim.

In this regard, the defendant only appealed against the part of the preliminary claim that he lost among the judgment of the court of first instance. Thus, the subject of the judgment of this court is limited to the preliminary claim that the defendant appealed.

Facts of recognition

B took out a loan of KRW 3,00,000 from the Plaintiff on April 18, 2014, and agreed that the interest rate and overdue interest rate shall be 34.8% per annum, and the period of the loan shall be 3 years from the date of conclusion of the contract and 15th day of each month to repay the loan by means of equal repayment of principal and interest.

At the time of the above loan, when the defendant submitted a provisional contract for the joint and several guarantee that the defendant guaranteed B's loan obligation and the confirmation of acquisition of eligibility for the health insurance to the plaintiff, the employee in charge of the plaintiff shall call to the defendant before the execution of the above loan and explain the terms and conditions of the loan and the contents of the joint and several guarantee, confirm the defendant's personal information and intent of the joint and several guarantee, and request the defendant to agree to inquire about loan information and credit information, and prepare and send the original copy of the joint and several guarantee contract. The defendant consented to confirm all the above fact of the original entry of the joint and several guarantee doctor and the provisional contract, and prepared and sent the original

However, the defendant did not prepare the original of the joint and several guarantee contract concerning the above loan obligations of B thereafter.

B From May 15, 2014, since the above loans were not repaid, B lost the benefit of time due to the failure to repay the loans. The principal of the above loans that B failed to repay as of the date of the instant lawsuit is 2.