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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. 1) The Plaintiff (the construction waste mutual aid association prior to the change, etc.) (the construction waste recycling mutual aid association) under the Construction Waste Recycling Promotion Act (hereinafter “Construction Waste Act”).
(2) On December 8, 1998, a mutual aid association established to guarantee the disposal of abandoned waste, a cooperative business for the prevention of the generation of abandoned waste, etc. under Article 47 (hereinafter “C”) is established for the purpose of waste collection and transportation disposal business. On December 18, 2006, when C pays the Plaintiff the contributions to the Plaintiff, the Plaintiff shall dispose of the wastes instead of the Plaintiff, and if C fails to comply with the order issued by the Mayor/Do governor, the Plaintiff shall claim against C a performance guarantee agreement on the disposal of abandoned waste (hereinafter “the first performance guarantee agreement”).
B, which had been the representative director at the time, was signed and sealed in the column of joint and several sureties of the first performance guarantee agreement.
3) The main contents of the first letter of performance guarantee are as follows. The basic terms and conditions for performance guarantee for the disposal of abandoned wastes are to approve Article 42 subparag. 1 of the Construction Wastes Act in paying contributions for the performance guarantee for abandoned wastes to the Plaintiff as they were made for smooth and fair disposal based on mutual trust between C and joint guarantor, and to fulfill each of the following provisions. Article 1 / [Agreement for the performance of Charges] Article 42 subparag. 1 of the Construction Wastes Act, where C has paid contributions to the Plaintiff and the abandoned wastes have occurred, it shall be deemed that both is liable for the payment of contributions to the Plaintiff. Article 3 [1] Article 3 [Where the causes under Article 25 of the Articles of Incorporation have occurred due to the cancellation of permission, etc. for