보증채무금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On December 20, 2012, the Plaintiff entered into an agency contract with B Co., Ltd. (the trade name at the time of the contract was “Co., Ltd.”; hereinafter “B”) with the terms of entrusting the Plaintiff’s recruitment and management of franchise stores, etc. to B and paying fees in return for performing the business (hereinafter “instant agency contract”).
B. Around July 2015, following the insolvency of operation B, the Plaintiff notified the Plaintiff of the termination of the contract. At that time, B was liable for the Plaintiff’s debt amounting to KRW 92,210,706, including the unredeemed amount and the amount payable for the purchase price of the terminal.
C. Article 34 of the instant agency contract provides, “The following persons shall be deemed to perform all obligations that B owes to the Plaintiff with respect to all transactions with the Plaintiff based on this contract and this contract, and shall be jointly and severally guaranteed by the Plaintiff.” The following joint and several sureties indicate the name, resident registration number, address, mobile phone number of the Defendant in the column of joint and several sureties, and the Defendant’s name and the Defendant’s seal imprint is affixed.
In addition, at the end of the agency contract of this case, the defendant's name, resident registration number, address, and mobile phone number are stated in the name of the defendant under the title of joint and several sureties, and then the defendant confirms that "1. The principal is joint and several sureties with respect to all obligations that B owes to the plaintiff in connection with the agency contract of this case and agency contract between the plaintiff and B.
2. The principal provides the Plaintiff with personal information necessary for the joint and several guarantee of B, and provide the Plaintiff’s information to the public agencies such as the court, the collection agency for recovery of claims, or the company managing the Plaintiff’s computer system for the purposes of lending, selling, and managing the principal’s information later.