1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The judgment of the court of first instance is subject to Paragraph (1).

1. Basic facts

A. A Co., Ltd. (hereinafter referred to as “A”) is a company that manufactures and sells construction materials. On January 1, 2020, during the lawsuit of this case, the lawsuit of this case was pending, the company is incorporated as the newly incorporated company by dividing the favorable, F, and commercial sector by a special resolution of the general meeting of shareholders pursuant to Article 530-3(1) and (2) of the Commercial Act, and all positive and negative property concerning the above business sector of A divided company and other rights, obligations, and property-value facts, including rights and obligations under public law, shall be attributed to the defendant in principle. Accordingly, the plaintiff completed the registration of incorporation of the company on January 2, 2020.

B. On June 22, 2017, A entered into a standard agency contract with D Co., Ltd. (hereinafter “Nonindicted Company”) to sell products it supplies as an agency by Nonparty Company as an agent (hereinafter “instant agency contract”).

C. At the time of the instant agency contract, A requested joint and several sureties between the Defendant and E (the joint representative director of the non-party company from October 26, 2016 to August 10, 2017) who was the joint representative director of the non-party company in order to secure the performance of the contractual obligations of the non-party company.

Therefore, in the column of joint and several sureties of the contract(A No. 7, hereinafter "the agency contract of this case") prepared at the time, the name and address of the defendant is written along with E, and the defendant's seal imprint is affixed.

In addition, A was submitted a certified copy of the Defendant’s resident registration and a certificate of personal seal impression issued directly by the Defendant on August 8, 2017, the name of the Defendant and a certificate of personal seal impression affixed thereon on June 26, 2017.

E. After that, on August 31, 2017, A supplied the building materials equivalent to KRW 26,996,167 to Nonparty Company under the instant agency contract (hereinafter “instant supply”). According to the instant agency contract, A’s price for products supplied by A is monthly.