1. The plaintiff against the defendant based on a joint and several guarantee contract entered in the separate sheet concluded between the plaintiff and the defendant.

1. Basic facts

A. The defendant is a company established for the manufacture and sale of alcoholic beverages on June 25, 2003, and the plaintiff was a director of C-Limited Company which engages in the wholesale business of alcoholic beverages (hereinafter "C").

B. Around March 2015, the Defendant entered into a contract under which the Defendant would continuously supply consignment and medicinal shelter manufactured by the Defendant (hereinafter “instant continuous supply contract”). On March 2015, the Plaintiff entered into a joint and several surety (hereinafter “instant guarantee contract”) with respect to the obligation of increase and decrease in the future to be borne by C according to the instant continuous supply contract.

[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 3, and 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s status as the Plaintiff director makes it inevitable for the Plaintiff to stand as a joint and several surety, and the Plaintiff’s liability is limited to the Plaintiff’s liability incurred during the director’s term of office regardless of the termination

Even if a director is not limited to a debt incurred during his/her term of office, the Plaintiff terminated the instant guarantee contract on the grounds of change in circumstances, and thus, the Plaintiff is liable to guarantee only as of May 30, 2018, who resigned from C director position.

B. The Plaintiff is not a joint and several surety due to the status of the Defendant C director.

Even if a joint and several surety was held due to the status of a director, the termination date of the contract of this case is November 20, 2018 when the plaintiff expressed his/her intent of termination in writing.

3. Determination

A. Where a director, etc. of a company under the relevant legal doctrine as to whether the Plaintiff’s responsibility is limited to the obligation incurred while in office, and a joint and several liability is made for a third party, the company’s continuous transaction takes place only with respect to the obligation incurred during the company’s transaction to the director, etc. for the purpose of imposing liability on the director, etc.