1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. C Co., Ltd (hereinafter “Nonindicted Company”) loaned KRW 20 million to D on September 3, 2012 at the interest rate of KRW 38% per annum, interest rate of delay 39% per annum, and period of 60 months.

(hereinafter “instant loan”). (b)

In the process of the instant loan, the Defendant’s letter of guarantee and letter of credit transaction in the name of the Defendant was prepared, and submitted to the Plaintiff along with a copy of the Defendant’s identification card.

C. On September 3, 2012, the Plaintiff’s employee visited the Defendant’s telephone, confirmed whether the intent of the joint and several sureties and the written application for the joint and several sureties contract were written, and the Defendant stated that the intent of the joint and several sureties and the written application were written in response to the question of the Plaintiff’

On May 28, 2015, Nonparty Company transferred the instant loan claim to the Plaintiff, and notified D and the Defendant of the assignment of the said claim on November 19, 2015.

E. As of April 12, 2016, the remainder of the loan of this case as of April 12, 2016 is KRW 20,169,845 (=interest 6,237,494 on the remaining principal and interest of KRW 13,932,351 until the relevant base date).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 through 7, purport of whole pleadings

2. Judgment on the parties’ assertion

A. The gist of the assertion is that the Defendant’s joint and several guarantee agreement on the debt of the instant loan is valid, and the Plaintiff seeks payment of the balance of the instant loan and damages for delay to the Defendant.

In this regard, the defendant issued a copy of identification card to D, which was known to the general public, as necessary for the guarantee of identity, and there is no fact that the defendant guaranteed the debt of the loan of this case. When a financial institution enters into a guarantee contract as a creditor, it shall present the credit information related to the debtor's debt to the guarantor and obtain the name and seal or signature of the guarantor in writing.