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1. The Defendant’s KRW 42,300,726 and KRW 42,254,258 among the Plaintiff’s KRW 42,30,726 and the remainder of KRW 46,468.
Reasons
The plaintiff is a stock company running insurance business, and the non-party B was an insurance designer of the plaintiff. The defendant is a joint and several surety within the limit of 50 million won, and the plaintiff paid fees, etc. according to the business performance of Eul, but the plaintiff was subject to recovery of the already paid amount which failed to meet the criteria for payment of fees. Eul did not refund 42,30,726 won among them to the plaintiff. The plaintiff did not dispute between the parties, or acknowledged it by the evidence Nos. 1 through 7 (the defendant argued that the contract for joint and several surety was forged or altered, but the remaining part of the joint and several surety agreement excluding the guarantee limit amount is recognized as the date of the first pleading of this case. Thus, the defendant's assertion of forgery or alteration is recognized as a joint and several surety of the above B and the plaintiff as a joint and several surety, and thus, the defendant is jointly and severally liable to pay the above unpaid amount of 42,300,726 won and the remaining part of the complaint No. 251, 2615% of the plaintiff's claim of this case and the plaintiff's claim of this case No. 26251.
When submitting a complaint, 42,254,258 won was sought, and the purport of adding 46,468 won was amended.