1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On July 15, 2009, the Plaintiff designated B as an intermediate wholesaler for fishery products, such as fish, produced by the Plaintiff, as an intermediate wholesaler, and B shall, in principle, immediately pay the sold goods for a period not exceeding 15 days. However, upon the expiration of the grace period, an intermediary wholesaler transaction agreement (hereinafter “the instant transaction agreement”) with the purport that the Plaintiff would make the payment in addition to the compensation for delay applying the interest rate set by the Plaintiff. At the time, the Defendant, the registered director of B, as of the same day, jointly and severally guaranteed the obligation to pay the transaction price for fishery products B under the instant transaction agreement (hereinafter “the instant joint and several guarantee agreement”). The main contents of the instant transaction agreement are as follows.

Security Type: The maximum amount of time deposit (deposit) 200 million won: the defendant: 200 million won guarantee amount by the guarantor: D: Article 3 (Security and Guarantee) 200 million won (including security deposit; hereinafter the same shall apply). (1) B shall, in the transaction with the plaintiff, provide security recognized by the plaintiff (including security deposit; hereinafter the same shall apply) and trade on credit within the limit of the security value in principle.

However, where it is inevitable to credit in excess of the limit (basic limit) of the value of securities, B shall establish two joint and several sureties, the security or assets recognized by the plaintiff and credit of which are reliable.

(2) When a plaintiff joins a joint and several sureties under paragraph (1), he/she shall explain matters concerning the articles covered by B, the limit of the amount of joint and several sureties, etc. to the joint and several sureties, and shall notify in writing the joint and several sureties

Article 4 (Joint and Several sureties) A joint and several sureties has caused transactions that exceed the actual value of collateral offered by an intermediary wholesaler (referred to the actual value of collateral acquired after the disposal of collateral) within the limit of guarantee stipulated in this Agreement.