1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Facts of recognition

The plaintiff is a corporation that engages in the business of manufacturing, processing, selling, and distributing food materials of agricultural, livestock, and forest products.

D, the father of C, around January 2014, established E, a food material distribution company, in the name of C (hereinafter “E”), and operated the said company with C. On June 1, 2015, C lent alcoholic beverages to the Defendant who is his friendship with C. Since the credit rating is not good, C lent the name until the acquisition of alcoholic beverage licenses, and registered the Defendant as the internal director of E.

On June 14, 2016, the Plaintiff and E supplied food materials, industrial products, etc. to E from June 14, 2016 to June 13, 2017, and E entered into a basic contract for the supply of goods (hereinafter “instant contract”) with the content that the Plaintiff pays the price for the goods.

On the bottom of the instant contract, the lower court stated that the joint and several sureties who signed and sealed the following shall be jointly and severally liable with E for the obligation, such as the price of goods to be borne by E. The maximum amount of the guaranteed obligation borne by the joint and several sureties shall be KRW 30,000 per day, and the name column of the joint and several sureties is the name of the Defendant.

Since then, E delayed the repayment of the price of goods under the instant contract, and on September 2, 2016, the Plaintiff urged E to pay the unpaid amount of KRW 15,911,600 to E by September 13, 2016, and at the same time sent a certificate of content that notifies termination of the contract.

D When entering into a product supply contract between E and the Plaintiff around June 14, 2016, the Defendant: (a) notified F of the Defendant’s personal information to F, who is an employee in charge of the Plaintiff’s contract; (b) made F enter the Defendant’s name in the name column of joint and several sureties by using a black-type tag in the product supply basic contract; (c) recorded the Defendant’s domicile in the address column “Seoul Metropolitan City G2-story,” which is the Defendant’s domicile; and (d) stated “H, which is the Defendant’s date of birth, in the