A. On December 18, 2010, the Plaintiff entered into a development agreement with C Co., Ltd. (formerly, Co., Ltd. D; hereinafter “Nonindicted Company”) on the land of Daegu Dong-gu E and F owned by the Plaintiff as a business site.

B. On June 28, 2011, the Plaintiff completed the registration of ownership transfer in the name of the non-party company on the grounds of sale as of June 15, 201 with respect to the Daegu Dong-gu E, F, and ground buildings owned by the Plaintiff.

C. On July 9, 2013, the Defendant confirmed that “I have the former representative director of the non-party company. When I hold office as the representative director, I have the obligation of KRW 120 million in capital gains tax and KRW 50 million in loan, and KRW 270 million in total, including the outstanding amount of KRW 80 million in design cost and KRW 20 million in design cost, from the Plaintiff who was the land owner when the non-party company prepares for the land for business, the Defendant prepared and issued a written confirmation that I have the said non-party’s obligation of KRW 270 million in his joint and several surety” (hereinafter “written confirmation”).

The non-party company was established on December 9, 2010.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1, Gap evidence 3-1, Eul evidence 6-1, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendant asserted that the cause of the Plaintiff’s claim lies in the sum of KRW 2 million on July 9, 2012, KRW 8 million on July 10, 2013, KRW 14 million on August 9, 2013, and KRW 4 million on August 9, 2013.

In addition, the defendant directly borrowed the total of KRW 70 million including the non-party company's design cost of KRW 20 million and operating cost of KRW 50 million from the plaintiff, or jointly and severally guaranteed the above KRW 70 million that the non-party company bears to the plaintiff.

Therefore, the defendant is obliged to pay the plaintiff a total of KRW 84 million and delay damages.

2. Determination

A. First, the Defendant borrowed a total of KRW 14 million from the Plaintiff on July 9, 2012, KRW 20 million, KRW 8 million on July 10, 2013, and KRW 4 million on August 9, 2013 between the parties.