A. The plaintiff's assertion that the plaintiff is a joint and several surety of the defendant, who is the principal debtor, and paid the creditor B a debt of KRW 60 million out of the loan debt of KRW 100 million, around March 22, 2010, the plaintiff asserts that the defendant is obligated to claim the above KRW 60 million and damages for delay.

B. As to the defendant's assertion, the defendant merely lent the name of the defendant in borrowing funds from B, and the plaintiff, the actual operator of the plaintiff corporation, borrowed the operating funds of the plaintiff corporation, and let the defendant issue bills as the principal debtor, and therefore, the defendant did not have the responsibility for compensation against the plaintiff.

2. Determination

A. 1) The defendant company held the board of directors on January 24, 2005 with the case of borrowing operating funds. At the time, the representative director D, directors E, F, and G attended the meeting, and the resolution was passed to obtain a loan of KRW 100 million from creditor B at an interest rate of KRW 1.2% per month. On the resolution of the board of directors, the plaintiff affixed his seal as joint and several surety. 2) B applied for payment order against the plaintiff on December 11, 2007 by the Daegu District Court Decision 2007 tea1712 against the plaintiff on January 24, 2005 for the payment order seeking a payment of KRW 100 million based on the defendant's liability for joint and several surety debt of KRW 100 million against the plaintiff.

On December 28, 2007, the above court issued a payment order.

3) On June 23, 2008, the Plaintiff paid KRW 60 million out of the above loan 100 million with B, but agreed to pay KRW 30 million on the same day and to pay KRW 2 million each month from January 2009 to March 22, 2010. The Plaintiff paid KRW 60 million in total to B in accordance with the above agreement. [In the absence of dispute over the grounds for recognition, each entry of subparagraphs A1 through 3, testimony of the witness, testimony of the witness, and the purport of the entire pleadings.]

B. According to the facts of the judgment 1, the defendant company borrowed KRW 100 million from B as the principal debtor, and the plaintiff jointly and severally guaranteed this.