1. The plaintiff's claim is dismissed.

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

1. Summary of the Plaintiff’s claim

A. The Plaintiff’s joint and several liability according to the letter of performance of the instant obligation filed a fraudulent complaint with C on the ground that “A was not paid for the goods equivalent to KRW 260 million even if the Plaintiff supplied C with the goods from May to July, 2014,” and thereafter, C was indicted and the criminal trial was in progress on August 17, 2017, where C was under way, the Defendant established a collective security right on the portion of KRW 34594 in the name of the Defendant (hereinafter “instant collective security right”) with respect to the portion of KRW 662 million in order to secure the Plaintiff’s obligation to KRW 260 million against the Plaintiff. ② The Defendant established a collective security right on the portion of KRW 662 million in the name of the Defendant in Changwon-si, Changwon-si, Changwon-si, in order to secure the obligation of KRW 260 million against the Plaintiff.”

A) C was prepared in the name of C and the Defendant, and the Plaintiff directly confirmed the Defendant’s intent of joint and several sureties. Since C paid KRW 1 million to the Plaintiff around June 2017, the Defendant is obligated to pay the Plaintiff KRW 59 million (=60 million - one million - damages for delay).

B. Apparent representative liability household affairs and C, even if they prepared a letter of performance of the instant obligation beyond the scope of delegation by the Defendant, the Defendant is obligated to pay the Plaintiff the said KRW 59 million and delay damages in accordance with the letter of performance of the instant obligation, on the ground that there is justifiable grounds to believe that C has the authority to conclude a joint and several liability contract under the name of the Defendant, such as granting C a certificate of personal seal impression, and verifying the intent of joint and several liability to the Plaintiff.

2. Determination

A. The Plaintiff is jointly and severally liable in accordance with the letter of performance of the instant obligation, and the Defendant drafted a letter of performance of the instant obligation through C.