1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff supplied B Co., Ltd. (hereinafter “B”) with printed matters, such as “CTPP,” and the price for goods not paid as of October 13, 2013 was KRW 77,256,49.

B. On October 13, 2013, the Plaintiff found B’s office with a written statement of performance prepared in advance and received a written statement of performance (Evidence A2-1; hereinafter “instant written statement of performance”) from the Defendant, which had been the representative director at the time, as shown in the attached Form No. 2.

C. After that, B had commenced the rehabilitation procedure around May 15, 2015, and the goods payment obligation for the remaining plaintiffs is KRW 48,366,451.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1, Gap evidence 2-2, and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant is obligated to pay the above amount as the defendant individually guaranteed B's obligation to pay the price of the goods through the preparation of the letter of performance in this case.

In regard to this, the defendant did not guarantee the defendant individually, but did not prove that the defendant was not obligated to pay the above amount individually, because he signed the letter of performance in this case that B as the representative director of B would give priority to the payment of the goods price obligation to the plaintiff.

B. The key issue of the instant case is whether the Defendant guaranteed that the Defendant will pay the instant goods price obligations individually by signing on the instant performance sheet.

According to the evidence No. 2-1, the defendant's resident registration number is stated in the letter of performance of this case, and the defendant's name is stated in the letter of performance of this case, and the fact that the copy of the defendant's resident registration certificate is attached to the letter of performance.

However, in full view of the following facts and circumstances recognized by the above evidence and the purport of the entire pleadings, the evidence submitted by the Plaintiff alone is sufficient.