1. The plaintiff's claim is dismissed.

2. Of the costs of lawsuit, the part arising between the Plaintiff and the Defendant is borne by the Plaintiff.

1. Basic facts

A. The Defendant permitted the use of the name of Nonparty Company D (hereinafter “Nonindicted Company”) as the representative of Nonparty Company E, the actual operator of Nonparty Company D (hereinafter “Nonindicted Company”). Accordingly, around November 29, 2016, the Defendant was registered as the representative director on the corporate register at the time of incorporation of Nonparty Company.

B. On January 5, 2017, the Plaintiff entered into a credit guarantee agreement between the non-party company and the non-party company with a guarantee amount of KRW 85 million from January 9, 2017 to January 9, 2019, and issued a credit guarantee certificate to the non-party company.

The term "debtor" in the Credit Guarantee Agreement of this case prepared at the time refers to the name of the non-party company on which the corporate seal imprint is affixed, and the term "joint guarantor" refers to the name of the defendant and the signature of the "mark" is affixed to the name of the defendant.

In addition, the credit guarantee agreement of this case was accompanied by a certificate of personal seal impression, business registration, list of shareholders, minutes of the board of directors, etc. of the non-party company, a copy of the resident registration card and the copy of the resident registration certificate, etc. of the non-party company.

C. The supplementary intervenor provided a loan of KRW 100 million to the non-party company in accordance with the above credit guarantee certificate, and upon the occurrence of a credit guarantee accident against the non-party company, the supplementary intervenor claimed the plaintiff to pay the guaranteed liability based on the above

Accordingly, on August 29, 2018, the Plaintiff subrogated to the Intervenor for the amount of KRW 80,669,260, total of the principal, interest, or expenses of the said guaranteed principal and interest.

The amount of the Plaintiff’s claim for indemnity against Nonparty Company is the sum of KRW 80,521,201 in the balance of the principal subrogated as of September 26, 2018, and KRW 767,708 in the finalized damages, as of September 26, 2018.

Plaintiff

The prescribed rate of delay damages shall be 12% per annum from August 29, 2018.

[Ground of recognition] There is no dispute.