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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On December 8, 2015, the Plaintiff leased KRW 34.8% per annum on loans and overdue interest rates to C, 60 months from the date of concluding the contract, and 5,000,000 per month on the date of the repayment agreement.
B. Before the Plaintiff’s employees paid the loan to C, they explained in detail the terms of the loan contract to the Defendant upon request by C on December 8, 2015, and clearly explained the Defendant’s intent to stand a joint and several surety, and confirmed that the Defendant had an intention to stand a joint and several surety.
On the same day, the joint and several guarantee contract stating the name and the signature of the defendant was sent by facsimile to the plaintiff, and the employee in charge of the plaintiff confirmed that the defendant, immediately after the submission of the joint and several guarantee contract, the defendant sent a telephone again to the defendant, and confirmed whether the contract was written in writing in the form of the joint and several guarantee contract, and the letter of personal certification was written.
In addition, the defendant submitted a copy of his identification card, a copy of his business registration certificate, and a copy of his income certificate to the plaintiff by facsimile.
C. After that, the Plaintiff transferred to C the account transfer of KRW 5,00,000, and C thereafter lost the benefit of time due to delinquency in paying the principal and interest. As of October 16, 2017, as of October 16, 2017, the Plaintiff bears the principal amount of KRW 4,872,253 as well as the interest and interest accrued thereon.
[Ground of recognition] Facts without dispute, entry of Gap's evidence 1 to 4, 7 to 10, and the purport of the whole pleadings
2. According to the above facts of determination, although the defendant did not actually intend to guarantee the principal and interest obligation of C to the plaintiff, in telephone conversations with the employee in charge of the plaintiff, the defendant jointly guaranteed the above loan obligation, and the above joint and several guarantee contract also made a false statement as if it was made by himself. The plaintiff is also the defendant.