1. The plaintiff's claim of this case is dismissed.

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

1. Facts of recognition;

A. The Defendant, as a management director of C Co., Ltd. (hereinafter “C”), was in charge of responding to the subcontractor’s business, and registered as C’s internal director from March 31, 2010 to March 31, 2013.

B. At the request of B, the Plaintiff was awarded a subcontract for the T’s other works on several occasions, and received a total of KRW 111,552,700 from August 201 to August 2012 from C.

C. Meanwhile, on November 14, 2013, the Defendant: (a) written five copies of each Promissory Notes, the par value of which is KRW 10,000,000, and the payment date of which is December 31, 2013, respectively; and (b) delivered the instant Promissory Notes to the Plaintiff, respectively (hereinafter “instant Promissory Notes”).

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 2 to 5, purport of the whole pleadings

2. Assertion and determination

A. The Plaintiff asserted that the construction contract entered into with C was concluded between July 201 and September 2012. The Plaintiff paid KRW 111,752,700, out of the construction cost of the said subcontract by C, and was not paid KRW 82,750,300, and thus urged the Defendant and C to pay the unpaid construction cost.

On November 14, 2013, the Defendant promised to pay KRW 50,000,000, out of the construction price payable to the Plaintiff, and prepared the Promissory Notes in this case and delivered them to the Plaintiff with a printed seal. On February 10, 2014, the Defendant remitted KRW 10,000,000 to the Plaintiff in the name of D.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 40,000,000 and the delay damages, out of the construction price payable to the Plaintiff pursuant to the above agreement.

B. Even if a promissory note was issued or endorsed on a promissory note to secure a specific person’s obligation, such circumstance alone does not lead to the conclusion of a civil guarantee agreement between the issuer or endorser of the promissory note and the creditor, and the creditor is either issued or endorsed a promissory note.