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

A. On January 9, 2013, C, while additionally borrowing KRW 25 million from the Plaintiff and the Plaintiff, C agreed to pay the amount of KRW 65 million, including the amount of KRW 40,000,000,000,000, which shall be due and payable on February 28, 2013 and interest rate of KRW 25,00 (hereinafter the instant agreement).

B. On January 9, 2013, C and the Plaintiff drafted a loan certificate (a evidence No. 1; hereafter the same shall apply in this case) as above, and on January 10, 2013, a notary public entrusted a law firm with the notarial deed with the above contents.

(hereinafter referred to as the "notarial deed of this case"). 【No dispute exists, Gap 1, 2, 3, and 5 (including virtual numbers), the purport of the whole pleadings.

2. Determination

A. 1) At the time of the instant agreement, the Defendant jointly and severally guaranteed C’s obligation. Therefore, the Defendant is jointly and severally liable with C to pay the Plaintiff KRW 65 million and delay damages. (2) At the time of the instant agreement, the Defendant created a right to collateral security for C’s obligation by setting up the Plaintiff’s right to collateral security on the land of KRW 10,810 and KRW 1716, E, which is owned by the Defendant at the time of the instant agreement.

B. Comprehensively taking account of the following circumstances, it is insufficient to recognize that the Defendant provided a joint and several surety not a physical guarantee but a joint and several surety for the obligation of Party C by only the evidence of Party A (including the serial number). There is no other evidence to acknowledge this otherwise.

1) Of the main text of the loan certificate of this case, “joint and several” in the entry “Joint and Several Guarantee Co., Ltd.” in “Joint and Several Guarantee Co., Ltd.” appears to have been written voluntarily by the Plaintiff in light of the distance of letters, size, location, etc.

3. On the notarial deed of this case, the defendant.