1. The plaintiff's claim is dismissed.

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

1. Determination on the cause of the claim

A. The facts of recognition (1) around April 27, 2010, the Plaintiff loaned KRW 150 million operating capital to C Co., Ltd. (hereinafter “Nonindicted Company”) which is engaged in the manufacturing and selling of clothing products, with the interest rate of KRW 4% per month and the due date on July 27, 2010. The Defendant jointly and severally guaranteed the above loan obligations (hereinafter “instant loan”) against the Plaintiff by Nonparty Company.

(2) Around January 13, 2011, the non-party company and the Defendant agreed with the Plaintiff for the repayment of the remaining principal amount of KRW 120 million out of the instant loans as follows.

원금 1억 2,000만 원의 변제를 위하여 소외 회사 소유의 택가 6% 기준 1억 3,000만 원 상당의 의류를 원고에게 담보로 제공하고, 2011. 1. 20.까지 현금으로 변제하면 의류를 다시 돌려주고, 2011. 1. 20.까지 현금 변제를 하지 아니하면, 위 의류를 땡처리하고, 위 금액에 이르지 못할 경우 그 차액을 피고가 책임지고 변제한다.

The loan certificate exists as it is.

(3) The non-party company failed to repay the instant loan by January 20, 201. Accordingly, the Plaintiff sold the clothes that it received as security to D with KRW 60 million on April 6, 201, and paid KRW 60 million on April 9, 201, and KRW 60 million on April 9, 201, and appropriated the instant loan for repayment.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, 2, and evidence, purport of the whole pleadings]

B. According to the above facts of recognition, unless there are special circumstances, the defendant, a joint and several surety of the non-party company, is jointly and severally liable with the non-party company to pay the remaining amount of KRW 60 million to the plaintiff, a creditor.

2. Judgment on the defendant's defense, etc.

A. The Defendant’s assertion ① The instant loan obligations against the Plaintiff of the non-party company (hereinafter “the instant loan obligations”) were extinguished after the lapse of five-year commercial extinctive prescription, and thus, the Defendant’s debt, a joint guarantor, also extinguished.

(2) Payment in kind, defenses.