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1. The Defendant shall pay KRW 50 million to the Plaintiff at the rate of 15% per annum from March 1, 2018 to the date of complete payment.
Reasons
1. Basic facts
A. The Plaintiff, a company engaged in the manufacture and sales of agricultural chemicals, supplied C Co., Ltd. (hereinafter referred to as “foreign company”) with products, such as agricultural chemicals, on credit from January 1, 2016 to December 20, 2017, and was not paid KRW 118,989,387.
B. The defendant Eul, the representative director of the non-party company Eul, submitted to E, who is the plaintiff's employee, a joint and several guarantee letter in the defendant's name stating "the joint and several guarantee letter for KRW 50 million out of the debts of the non-party company" (hereinafter "joint and several guarantee letter of this case").
C. The joint and several sureties in the instant case contains the Defendant’s name, the Defendant’s seal imprint is affixed, and the Defendant’s seal imprint is issued as of January 15, 2016, the Defendant’s certificate of personal seal impression, the local tax item classification certificate, the resident registration copy, and the Defendant’s identification card.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 7 (including each number, hereinafter the same shall apply), Eul evidence 1 and 2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. (1) The plaintiff asserts that the defendant jointly and severally guaranteed the debt of the non-party company within the scope of KRW 50 million, and since the debt of the non-party company exceeds the above amount, the defendant is obligated to pay the plaintiff 50 million won and damages for delay.
(2) As to this, the defendant did not hear specific explanation about the place of use from D, and did it with D as necessary for the non-party company's business affairs, and it did not state the defendant's name at his own discretion on the joint and several surety of this case, and then submitted it to the plaintiff by affixing his name after affixing his seal imprint. Thus, the joint and several surety of this case is against the method of joint and several surety of Article 428 (2) of the Civil Code or is forged by D and thus invalid.
B. (1) Whether it is invalid against the method of guarantee or not, the former part of Article 428-2(1) of the Civil Act.