1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. The Plaintiff’s cause of the claim (1) operated the number of KRW 26,00,000,000 in total around December 2006, and KRW 10,000. C joined the above number system and transferred one of them to the Defendant (No. 13).

(2) After receiving the first deposit (2), C requested a guarantor’s entry at the time of paying the second deposit (5). In response, the Defendant guaranteed C’s obligation to pay the deposit.

(3) The Plaintiff and the two parties jointly issued by the Defendant and C receive a promissory note with a maturity of KRW 10 million, the issue date April 11, 2007, and the due date of payment (hereinafter “instant promissory note”) and paid the second amount to C, but C did not make the subsequent payment in full, and the unpaid amount reaches KRW 9.6 million.

(4) Therefore, the defendant is liable to pay as a surety the amount of KRW 9.6 million for the unpaid total payment amount of KRW 9.6 million and damages for delay from the day after the day of service of the complaint.

B. The defendant's assertion that the defendant did not guarantee C's obligation for the payment of the deposit, and merely stated that at the time of the defendant's payment of the deposit, the promissory note of this case was prepared at the plaintiff's request.

2. The following facts can be acknowledged in full view of the purport of the pleading in each of the statements in Gap evidence Nos. 1 and Eul evidence Nos. 1 to 3 (including additional numbers), unless there is a dispute between the parties or in full view of the whole purport of the pleading:

On December 19, 2006, the Plaintiff operated the number fraternity (hereinafter “instant number fraternity”) with the entire 26 Guidebook, KRW 10 million, KRW 400,000 prior to the receipt of the fraternity deposit, KRW 500,000 after the receipt of the fraternity deposit, and the period from December 11, 2006 to January 11, 2009, the Plaintiff operated the instant number fraternity (hereinafter “instant number fraternity”) on December 19, 2014, as of the date of pleading, “total 21 Guidebook, KRW 10,000,000 prior to the receipt of the fraternity deposit, KRW 50,000,000,000,000 after the receipt of the fraternity deposit.”