1. The plaintiff's claim is dismissed.

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

1. On November 2, 2012, the Plaintiff and the Plaintiff supplied “C” products, such as clothing, to B that operate the “C” from November 2, 2012 to November 1, 2013, and B entered into an entrustment transaction agreement with the terms that sell the said products (hereinafter “instant contract”).

The defendant signed and sealed the "(joint guarantee)" column of the contract of this case, and there is no description about the maximum amount of the guaranteed obligation and the guaranteed obligation in the contract of this case.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3 evidence, the purport of the whole pleadings

2. The plaintiff asserts that the defendant is liable to pay 97,941,614 won for the unpaid goods as joint and several surety B.

In regard to this, the Defendant: (a) since the term of validity of the instant contract is one year from the date of the contract, the Defendant is not liable for the obligation of B arising one year after the date of the contract; and (b) the Plaintiff violated the obligation of notification under Article 5(1) of the Special Act on the Protection of Surety (hereinafter “Surety Protection Act”) and was not liable for the Defendant pursuant to Article 5(4) of the same Act because the Plaintiff did not notify the Defendant of the nonperformance of obligation of B; and (c) the maximum amount of the obligation guaranteed under the instant contract was not specified in writing; thus,

3. Article 6 of the Surety Protection Act regarding the validity of a guarantee agreement against the defendant provides that the maximum amount of the debt shall be specified in writing when guaranteeing the obligation arising from the continuous transaction contract between the creditor and the principal debtor or from any other specific transaction (Paragraph 1), and that the guarantee agreement, the maximum amount of which is not specified in writing, shall not be effective.

(2) The provisions of subsection (2) are specified.

As seen earlier, the Defendant guarantees the obligation arising from the continuous goods transaction contract between the Plaintiff and B.