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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the court of first instance is in the judgment.
Reasons
1. Facts of recognition;
A. C and B are married couple, and the defendant and E are married couple C and B.
B around November 14, 2017, around November 14, 2017, the Plaintiff made up to 11.17.4:30 of the certificate of the personal seal impression of the guarantor. He confirmed that “A certificate of the personal seal impression of the guarantor is verified. He/she shall pay a full payment of KRW 10 million on November 30, 201.”
B. B around November 17, 2017, around November 17, 2017, the following certificates of borrowing (hereinafter “the instant certificates of borrowing”).
Creditor: A guarantor: D (resident registration number, address, and mobile phone number are stated): B; C; A guarantor: A certificate of personal seal impression; E; and D: Interest at KRW 190,000,000: two copies
C. B around November 21, 2017, around November 21, 2017, the Plaintiff issued a certificate of the personal seal impression directly to the Plaintiff on November 21, 2017.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2 and 4 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. On September 25, 2017, the Defendant sent KRW 10,000,000 to the Plaintiff’s account in order to repay the Plaintiff’s debt to the Plaintiff’s account, and thus, recognized the Plaintiff’s debt to the Plaintiff.
B around November 17, 2017, E was established as a joint and several surety but E was rejected, and E was selected from the loan certificate E, and requested the Defendant to provide a joint and several surety by telephone.
The defendant accepted the joint and several sureties by telephone and provided the plaintiff with the intention of joint and several sureties.
Accordingly, on November 21, 2017, the loan certificate of this case stated the following additional contents: “Surety: Resident registration number, address, cell phone number), personal seal impression, and personal identification card,” and received a certificate of personal seal impression issued by the Defendant directly.
Therefore, since the defendant jointly and severally guaranteed the debt of B, he is obligated to repay the debt to the plaintiff, and even if the defendant is entered in the loan certificate of this case without authority, the defendant is in accordance with Article 129 of the Civil Code.