1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The court's explanation on this part of the basic facts is the same as the entry of "1. Facts recognized" among the reasons for the judgment of the court of first instance, and therefore, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The Defendant asserted that the leased land was entirely and severally guaranteed by the Plaintiff pursuant to the instant contract. The scope of the joint and several liability includes not only the obligation to pay rent but also the obligation to return materials. The principal debtor’s liability for the nonperformance of the principal obligation is also included in the scope of the joint and several liability. Therefore, the Defendant is jointly and severally liable with the leased land to pay the Plaintiff KRW 58,013,470, which is the amount of damages incurred to the Plaintiff by delaying the obligation to return construction materials.

3. Determination

A. The existence of guarantee intent is an issue of the parties’ intent interpretation and fact-finding to be determined by comprehensively considering the motive and circumstance of the parties involved in the transaction, the form and content of the involvement, the purpose to be achieved by the transaction, the transaction practice, etc. However, in special circumstances where the parties bear it, the existence and scope of guarantee intention should be strictly limited and recognized.

(See Supreme Court Decision 2009Da52571 Decided October 29, 2009, etc.) B.

In full view of the following circumstances as revealed by the Defendant’s obligation to return materials among the Defendant’s obligation to the Plaintiff for joint and several sureties, Gap evidence Nos. 1, Eul evidence Nos. 4, and the Busan Metropolitan City Construction Headquarters as of Jan. 14, 2015, and each fact inquiry as of Apr. 15, 2015, the Defendant merely guaranteed the Defendant’s obligation to pay rent to the Plaintiff for the leased land under the instant contract, and as to the obligation to return materials, there is an intention to stand joint and several sureties.