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

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

1. Basic facts

A. In the Seoul Western District Court Decision 2016 tea64998 against the Plaintiff and B, the Defendant received an order to pay the Plaintiff 138,824,178 won and 42,156,34 won, jointly and severally, with 15% interest per annum from the day following the service of the payment order to the day of full payment, and the above order became final and conclusive.

B. On April 29, 2005, the Plaintiff concluded a joint and several guarantee contract for the said company when concluding a lease agreement with the two capitals.

At the time, the plaintiff was registered as the representative director of the above company.

【Fact that does not have any dispute】

2. On the Plaintiff’s assertion, the Plaintiff asserted that, around 2002, the Plaintiff borrowed the name of representative director of the company in fact operated by D, who is the Plaintiff’s model, from D’s request, and that there was no fact that the said installment contract was concluded, compulsory execution under the instant payment order should be denied.

According to the results of written appraisal of this court appraiser E, the plaintiff's signature in the column of joint and several sureties in the above written agreement is recognized, not the plaintiff's body.

However, the plaintiff also recognized that the plaintiff lent the name of the representative director to the above B corporation upon D's request, so the above company entered into an installment agreement for the business, and made the plaintiff as the representative director as the joint guarantor.

Even if the Plaintiff is a nominal guarantor, the Plaintiff cannot be exempted from the liability of the above joint guarantor.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit.