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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance (limited to the part against the defendant) except for the dismissal or addition as follows, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. On the third side of the judgment of the court of first instance in the corresponding part, the defendant's "from the defendant" during the seventh step shall be deemed to be "from the plaintiff."
3. The addition;
A. Article 3(1) of the former Special Act on the Protection of Suretys (amended by Act No. 13125, Feb. 3, 2015; hereinafter “former Act”) provides that “A guarantee shall take effect only when the relevant physician indicates in writing his/her name and seal or signature.”
The purpose of the former Surety Protection Act was to prevent the economic and mental damage of the guarantor due to the guarantee without any consideration and to establish a reasonable practice of guarantee contract for monetary obligations to contribute to the settlement of a credit society by prescribing special cases for the Civil Act with respect to guarantee.
(1) Article 1. Such a request for a document stating the name and seal or signature of the guarantor in the declaration of intent to guarantee is made out of the purport that, by clearly expressing the intent to guarantee, the dispute is prevented by guaranteeing the means of clear confirmation as to the existence and content of the intent to guarantee, and that, as far as possible, the guarantor does not reach the level of guarantee, and provides a guarantee as a result of deliberation and inspection.
(see, e.g., Supreme Court Decision 2016Da233576, Dec. 13, 2017). B.
Plaintiff
As alleged in the evidence of the facts of joint and several sureties, a copy of the joint and several sureties's certificate under the name of the defendant (and a copy of the defendant's public official's certificate and driver's license attached thereto, and the evidence No. 1 to No. 3)
between the defendant and B.