1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 28, 2011, the Plaintiff and B reconstruction association (hereinafter “instant association”) entered into a contract for the reconstruction project with the content that construction cost shall be KRW 1.967 million with respect to B reconstruction project (hereinafter “instant reconstruction project”) with respect to the building cost as to the Seoul Northern-gu Seoul Northern-gu C and 1109 square meters.

B. D is affixed with the seal affixed as a joint and several surety for the Plaintiff of the instant union.

A certificate of personal seal impression and a certified copy or abstract of resident registration attached to a rebuilding consent are issued by the wife E.

C. D on December 15, 1995, completed the registration of ownership transfer on 69.3 shares of 1109 square meters among 1,109 square meters in Gangnam-gu Seoul Special Metropolitan City, Gangnam-gu (hereinafter “instant real estate”).

D On May 7, 2011, the Defendant died, and the heir completed the registration of ownership transfer on the instant real estate on March 25, 2013 on the ground of inheritance by consultation and division.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 2 and 4, and the result of this court's inquiry and reply to the head of Franchising, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant jointly and severally guaranteed the Plaintiff’s debt owed to the Plaintiff, and the Defendant solely inherited the debt. As such, the Defendant is obligated to pay the Plaintiff the business expenses of KRW 59,125,470 and the delay damages therefrom that the Plaintiff paid to the Plaintiff.

B. Defendant 1) Since there is no fact that the wife of D or D affixs and seals the documents as joint and several sureties, there is no joint and several liability of the Defendant premised on this premise. (ii) In the event of termination of a contract, there is no liability to guarantee the duty to restore the original state, and there is a need to limit

D's joint and several guarantee agreement should be revoked by mistake, and even if D's joint and several guarantee liability is recognized, it cannot be viewed that the defendant who is not a member of the association has automatically succeeded to it.

3. Determination

(a) the guarantee limit is established;