1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 42,330,480 and its interest on November 27, 2013.

1. Basic facts

A. The Plaintiff is a company engaged in steel sales business, etc., and the Defendant is a company established for the purpose of development, design, manufacture, sale, etc. of various industries.

B. On March 26, 2013, the Defendant entered into a contract on the construction work with the Defendant’s factory (hereinafter “instant plant”) within the development project district in Gyeyang-si (hereinafter “instant plant”) and entered into a subcontract on the said construction work again with D Co., Ltd. (hereinafter “State D”).

C. On August 5, 2013, the principal debtor was prepared and delivered to the Plaintiff with the payment guarantee form (hereinafter “instant payment guarantee form”) with the payment guarantee form with the following content as the Defendant, a joint and several sureties, as the Defendant:

“Amount: KRW 4,00,000 (Won 44,00,000) in the case of borrowing the above amount from part of the facility funds by the representative director E of the Dispute Resolution Co., Ltd. for the completion of the new factory construction project, the representative director of the B representative director of the Dispute Resolution Co., Ltd. shall guarantee payment by the public corporation and the joint guarantor that the above amount shall be jointly and severally guaranteed and the repayment date shall be applied for within seven days after the completion of the business operation.”

D. On November 19, 2013, the Defendant obtained approval from the competent authority for the use of the instant factory, and registered as the owner on the same day and entered in the general building ledger.

[Ground of recognition] Unsatisfy. Gap evidence Nos. 1, 2, 3, Eul evidence No. 3, the purport of the whole pleadings

2. The instant monetary amount, which is the cause of the Plaintiff’s claim, was a joint and several surety for the Defendant’s above loan debt, and even if not, the Defendant agreed to pay the instant monetary amount by preparing and granting the instant payment guarantee to the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff the instant monetary amount of KRW 44,00,000, and delay damages.

The Plaintiff’s application for the instant payment order is a borrowed money.