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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact that the Plaintiff did not dispute with the Defendant that the Plaintiff loaned money to C from June 18, 201 to January 2013, or settled the card price, etc. on behalf of the Plaintiff. However, at the time of the closing of argument in the instant case, C did not pay KRW 92 million to the Plaintiff.
2. The parties' assertion
A. From the end of January 2013 to the end of each time, the Defendant expressed his/her intent to assume the Plaintiff responsible for all obligations, such as the loan that he/she owes to the Plaintiff. As such, the Defendant, as a joint and several surety, is obliged to pay the Plaintiff KRW 92 million and its delay damages.
However, even if the defendant did not do so, around May 201, assumed the defendant's obligation to the plaintiff, such as paying the plaintiff KRW 42,845,00 on behalf of the plaintiff, with the joint existence (or overlapping). Thus, the defendant is obligated to pay the above money to the plaintiff.
B. The defendant expressed to the plaintiff that he would be responsible for the debt of C, which is a verbal son, but this is only the fact that the defendant expressed to the plaintiff that he would be responsible for the debt of C, and there is no indication that he would be responsible for the legal joint and several liability. Even if it is not so, according to the special law for the protection of the guarantor, in the case of joint and several liability, the intent of the defendant must be expressed in writing with the name and seal or signature of the guarantor. Thus, the defendant's expression of intent is invalid, and further, there is no indication that the defendant expressed his intention to jointly accept the debt of C against the plaintiff.
3. First of all, we examine whether the defendant bears the responsibility as a joint and several surety, and the fact that the defendant expressed to the plaintiff that he wishes to pay his obligation to the plaintiff, but the guarantee is in writing with the name and seal or signature of the guarantor.