1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 30, 2001, the Hansan Saemaul Fund loaned 30 million won under the name of the defendant, and on September 2, 2003, the plaintiff jointly and severally guaranteed the above loans under the name of the defendant.

B. On April 14, 2003, Taesan Agricultural Cooperative loans 10 million won in the name of the defendant on a preferential basis, and the plaintiff guaranteed the above loans under the defendant's name on the same day.

C. On September 5, 2008, the Plaintiff, as a joint and several surety, subrogated each of KRW 10,318,962 in total, and KRW 38,88,090 in interest and interest of loans to the Daesan Saemaul Bank in the name of the Defendant on the same day.

[Ground of recognition] The entry of Gap evidence 1-1, 2-2, and Gap evidence 2-2, the results of each order to submit financial transaction information to the Daesan Saemaul Savings Depository and Taesan Agricultural Cooperatives, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. Upon D’s request, the Plaintiff asserted that D had operated C, the Plaintiff jointly and severally guaranteed the obligation of loans to the Daesan Saemaul Savings Depository and the Taesan Agricultural Cooperative that D had borrowed under the name of its employee.

On September 5, 2008, the Plaintiff, as a joint and several surety, subrogated to KRW 10,318,962 in total for the principal and interest of loans to the Busan Saemaul Bank under the name of the Defendant, and KRW 38,88,090 in total for the principal and interest of loans to the Busan Saemaul Bank under the name of the Defendant.

Therefore, the defendant is obliged to pay to the plaintiff the total sum of 49,207,052 won and damages for delay.

B. (1) In a case where a third party obtains a loan from a financial institution related to the relevant judicial precedents and allows the financial institution to use its name, regardless of whether the third party is liable as a principal debtor for the financial institution that is a creditor, the joint guarantor who performs joint and several liability as a principal debtor cannot, as a matter of course, be deemed to be liable for the joint and several liability as a principal debtor for the joint and several liability, and the joint and several sureties has guaranteed that the third party