1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument of the court of first instance, and the fact-finding and decision of the court of first instance are justified even if each evidence submitted by the court of first instance was presented by this court.

Therefore, the reasoning for this Court’s explanation concerning this case is as follows, and this Court’s reasoning is identical to the reasoning of the judgment of the first instance, except as otherwise stated in paragraph (2).

2. The plaintiff of this court asserts that since the defendant in the partnership relationship with the main debtor C was jointly and severally guaranteed in relation to the partnership relationship, the Act on the Protection of Surety's Protection does not apply to this case pursuant to Article 2 (1) (d) of the Act.

However, Article 2 subparagraph 1 (d) of the Surety Protection Act excludes the application of the Surety Protection Act by excluding the case where a person in the same business relationship with the debtor bears a partner's obligation related to the same business from the guarantor under the Surety Protection Act. However, the evidence submitted by the Plaintiff (Evidence No. 9, 10) alone was in the same business relationship with C.

It is insufficient to recognize the fact that the joint and several guarantee in this case was concluded for joint and several debt guarantee in relation to such a business, and there is no other evidence to acknowledge it, and the plaintiff's above assertion is not acceptable.

3. In conclusion, the plaintiff's claim of this case shall be accepted within the scope of the above recognition, and the remaining claim shall be dismissed as it is without merit.

The judgment of the court of first instance is justifiable in its conclusion, and it is so decided as per Disposition by the assent of all participating Justices on the bench.