1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant served as the representative director of C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) and resigned on July 24, 201, and concluded a credit card membership agreement with D Co., Ltd. on April 28, 201. On the same day, the Defendant entered into a credit card membership guarantee agreement with D Co., Ltd. with D Co., Ltd. on the same day, with the maximum guarantee amount of KRW 10,00,000, and entered into a comprehensive collateral guarantee agreement with the Nonparty Co., Ltd. to jointly and severally perform the guaranteed obligation for D Co., Ltd. as of its present and future obligations.

B. D Co., Ltd. transferred credit card usage claim against D Co., Ltd. to E Co., Ltd., and E Co., Ltd. entered into an asset acquisition agreement with the Plaintiff on May 20, 2016 and transferred the above claim against the non-party Co., Ltd. to the Plaintiff. On May 23, 2016, it notified the Defendant of the transfer of claim by content-certified mail.

C. The Plaintiff’s claim for the amount of the above-mentioned claim against the non-party company calculated as of September 28, 2016 is KRW 8,348,074, including the principal amount of KRW 5,434,00 and delay damages amount of KRW 2,914,074.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 2, and the purport of whole pleadings

2. The parties' assertion

A. The Defendant, as a comprehensive collateral guarantor for the credit card use price of the non-party company, is obligated to pay to the Plaintiff the acquisition amount of KRW 8,348,00 within the scope of the above comprehensive collateral guarantee amount within the scope of KRW 5,434,00 and delay damages for the principal amount of KRW 5,434,00 among the acquisition amount of KRW 8,34,00, as requested by the Plaintiff.

B. As of September 28, 2016, the claim for acquisition money as of September 28, 2016, alleged by the Plaintiff, was a credit card use fee that Nonparty Company concluded on June 5, 2014 with a membership agreement, and the Defendant did not provide a guarantee. A credit card under the membership agreement entered into by the Defendant on April 28, 201.