1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C’s representative director D subcontracted C’s new construction of factory to E on August 8, 2005.

However, the actual operator of D and E Co., Ltd. prepared a contract agreement in the name of G Co., Ltd. that lent a comprehensive construction license.

B. The Plaintiff remitted to E the above construction cost of August 8, 2005, KRW 90 million on August 9, 2005, KRW 30 million on August 2, 2005, KRW 30 million on August 22, 2005, KRW 68.6 million on September 8, 2005, KRW 20 million on November 1, 2005, and KRW 16.9 million on November 17, 2005.

C.F issued, on November 16, 2005, promissory notes with a face value of KRW 300 million and KRW 75 million with respect to the above loans. D.

On December 8, 2006, the defendant's father D decided to repay the above KRW 3750 million to the plaintiff by May 30, 2008, the interest rate shall be 2.5% per month, and if the defendant fails to repay, the defendant's letter of performance (hereinafter "statement of performance in this case") was prepared to transfer the H 24% of the shares of H, Inc. which are owned by the defendant, and the defendant and F jointly and severally guaranteed the obligations under the above statement of performance.

E. The Defendant, E, D, and the Defendant endorsed the F-issuance’s promissory note (amounting to KRW 300 million, KRW 75 million) in order.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5, and 6 (including branch numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that D, by preparing and delivering a letter of performance of this case to the Plaintiff, it acquired F’s obligation to borrow the loan, and the Defendant jointly and severally guaranteed the above D’s obligation.

Therefore, unless there are special circumstances, the defendant, as a joint and several surety, is obligated to pay to the plaintiff the amount of KRW 375 million in the letter of performance of this case and damages for delay.

3. Judgment on the defendant's defense

A. The defendant claiming revocation on the ground of mistake is a joint guarantor upon the D's request where he was unaware of the contents of the written statement of performance of this case.