1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On May 3, 2010, C Co., Ltd., the representative director of which was the Defendant, issued to the Plaintiff a promissory note No. 3, par value of KRW 50,000,000, issue date May 3, 2010, and a promissory note with payment date (hereinafter “instant promissory note”). On May 4, 2010, C Co., Ltd, the Defendant, as a joint and several surety, drafted a promissory note No. 155 of the Seocho District Public Prosecutor’s Office (hereinafter “instant promissory note No. 2015,”) with the Defendant as a joint and several surety.

B. On August 10, 2010, the Defendant drafted an agreement with the Plaintiff that the Plaintiff will pay KRW 150,000 each day the remaining debt amount of KRW 52,00,000 to the Plaintiff (hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 5, Eul evidence 1, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Defendant, a joint guarantor of the promissory note notarial deed of this case, agreed to pay KRW 52,00,000 to the Plaintiff by way of the instant agreement separate from the said joint and several liability, and thus, the Defendant is obliged to pay KRW 52,00,000 to the Plaintiff and delay damages therefor.

B. Home Affairs, even if the obligation under the instant agreement is the same as the above joint and several liability, there are special circumstances that should deny the subsidiary nature of the guaranteed obligation. Thus, the Defendant, as a guarantor, shall pay to the Plaintiff KRW 52,00,000 and damages for delay.

3. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the arguments as to whether the Defendant bears a separate contractual obligation, namely, ① the Defendant, a representative director of C, was a joint guarantor, and was obligated to repay the obligation in accordance with the instant promissory note No. C. ② The instant agreement was prepared three months after the preparation of the instant promissory note No. 3 months after the lapse of time, and ③ the instant agreement was prepared.