1. The defendant shall pay 3,250,000 won to the plaintiff and 12% per annum from December 17, 2019 to the day of complete payment.

1. Determination as to the cause of claim

A. (1) On September 12, 2017, the Plaintiff, as well as Nonparty C (hereinafter “Nonindicted Company”) and the Defendant, paid 44 million won to the Plaintiff up to 16:00 on September 30, 2017, and the Defendant agreed to provide a joint and several surety for the obligation of 33.5 million won (hereinafter “instant agreement”), and drafted a letter of payment therefor.

(2) Since September 30, 2017, the Plaintiff did not receive at all the money under the instant agreement from the non-party company until then.

[Reasons for Recognition] No. 1, the purport of the whole argument

B. (1) According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of KRW 33.5 million guaranteed to the Plaintiff pursuant to the instant agreement and the damages for delay calculated at the rate of 12% per annum from December 17, 2019 to the day of full payment, as the Plaintiff seeks, pursuant to the instant agreement, from the day following the delivery of the original copy of the instant payment order to the day of full payment.

(2) The defendant shall not be held liable for any legal liability.

"The plaintiff asserts that it was wrong for the joint and several sureties to make payment only in the form of a statement of payment upon the plaintiff's request, and ② to make payment to the debtor.

However, there is no evidence to acknowledge the claim in the above paragraph (1), and in the case of joint and several sureties, the guarantor is not jointly and severally liable with the debtor to perform the obligation, and thus,

Therefore, the defendant's argument is without merit.

2. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.