1. The Plaintiff’s obligation under the guarantee agreement on May 9, 2013 against the Defendant does not exist.

2...

1. Facts of recognition;

A. On May 9, 2013, the Defendant extended a loan of KRW 20,000,000 at an annual interest rate of KRW 39%, and on May 9, 2018 (hereinafter “instant loan”).

B. At the time of granting the instant loan to B, the letter of guarantee and the personal credit information consent to the effect that the Defendant jointly and severally guaranteed the instant loan obligations against the Defendant under the Plaintiff’s name. At that time, the Plaintiff’s health insurance qualification certificate, health and long-term care insurance payment certificate, resident registration abstract, and copy of the identification card were submitted to the Defendant.

C. On May 9, 2013, the Defendant called the Plaintiff to verify the Plaintiff’s identity, the Plaintiff’s intent to guarantee, and whether the written confirmation was written, and the Plaintiff confirmed the Plaintiff’s identity and responded to all questions as “e-mail.”

[Based on Recognition] Facts without dispute, Gap evidence Nos. 4, Eul evidence Nos. 3 through 6 (including each number; hereinafter the same shall apply), Eul evidence Nos. 17 through 23, Eul evidence Nos. 25 and its existence, witness Eul's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion did not have entered into a guarantee agreement with the Defendant, and even if not, it did not have signed the documents related to joint and several sureties, and thus, the declaration of intent of the Plaintiff’s joint and several sureties asserted by the Defendant is null and void pursuant to Article 3(1) of the Special Act on the Protection of the Surety (hereinafter “Surety Protection Act”). Accordingly, the Plaintiff does not bear any obligation against the Defendant as a guarantor.

B. The Defendant’s assertion: (a) the Plaintiff signed the letter of guarantee as a guarantor at the time of the instant loan; (b) even if the Plaintiff did not sign the letter of guarantee, the Defendant confirmed the Plaintiff’s consent to the Plaintiff’s own signature and joint and several sureties by telephone conversations; and (c) the contract of guarantee was valid; and (d) the Plaintiff provided the documents necessary for the conclusion of the contract