1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff supplied the non-party corporation B (hereinafter referred to as the “non-party corporation”) with the goods such as gold medicine and chemical medicine, but was not paid part of the price of the goods.

In relation to this, on May 16, 2016, Nonparty Company drafted “the repayment plan of this case (hereinafter “the instant reimbursement plan”) with the purport that “the amount of medicine was unpaid from October 2015 to April 2016, the amount of KRW 49 million was unpaid.”

B. The defendant is the representative director of the non-party company.

On the bottom of the instant reimbursement plan, the lower court stated the “Defendant for the representative director of the company outside the jurisdiction” and affixed the seals of the Nonparty Company.

In addition, the defendant's signature is written, and the defendant's resident registration number is written.

C. The unpaid balance is KRW 78,937,600, out of the amount of goods supplied by the Plaintiff to Nonparty Company by February 2017.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including paper numbers)

2. The plaintiff's assertion is the representative director of the non-party company, and the defendant signed and sealed the repayment plan to the effect that the non-party company will jointly repay the balance of goods.

Therefore, the defendant is obligated to pay to the plaintiff KRW 78,937,60 of the balance of the price of the goods.

3. Determination

A. The existence of the guarantor's intent to guarantee is a matter of interpretation of the parties' intent and fact-finding to be determined by comprehensively considering the motive, circumstance, form and content of the party's involvement in the transaction, the purpose to be achieved by the party's transaction, transaction practice, etc. However, the existence of the guarantor's intent to guarantee is strictly limited in special circumstances where the party bears it.

B. (Supreme Court Decision 2000Da2566 Decided May 30, 200).

The plaintiff and the plaintiff.