1. The plaintiff's appeal and the selective claim in the trial are dismissed, respectively.

2. The costs of the lawsuit after the appeal are filed.

1. The parties' assertion

A. The plaintiff's selective assertion: (a) on November 27, 2001, between B and B, the plaintiff made a payment agreement between B and B with the purport that if the plaintiff subrogated for the debt of KRW 30 million for B, B shall repay the debt of KRW 30 million to the plaintiff by December 31, 2002; (b) the defendant, directly or as his agent, made a joint and several liability for the plaintiff under the above payment agreement between B and B; and (c) the plaintiff made the above 30 million loan with the plaintiff under the above payment agreement between B and B, the defendant is jointly and severally liable for payment of KRW 30 million for subrogation to the plaintiff; and (b) on October 8, 2001, the defendant was jointly and severally liable for payment of KRW 30 million for the debt of KRW 30 million for the debt of KRW 30 million for joint and several surety to the plaintiff; and (d) the defendant was obligated to pay the debt of KRW 40 million for the above joint and several surety to the plaintiff.

B. Defendant’s assertion (1) Of the letter of payment (No. 2) written between the Plaintiff and B, the seal affixed to the Defendant’s name is not based on the seal of the Defendant, and the Defendant did not directly and severally guarantee the obligation to the Plaintiff in accordance with the instant payment agreement, or granted the power to represent the conclusion of the joint and several sureties, and (2) the Defendant did not prepare a letter of debt repayment agreement (No. 10-3) written between B and D.

2. Determination

A. First, the Plaintiff’s assertion based on the joint and several guarantee agreement is determined first, and the Defendant’s instant case.