1. The plaintiff's claim is dismissed.

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

1. The plaintiff's ground of claim

A. The Plaintiff is the owner of a building in Gyeyang-gu Incheon Metropolitan City C.

B. The defendant is a female student of D.

C. From August 15, 2013, the Plaintiff leased to D the title E of the instant building at KRW 1.7 million among the instant buildings.

D Up to the amount claimed as a claim by the monthly tax, and 2015

3. 23. The Plaintiff prepared a letter of payment with a partial payment of KRW 50 million to the Plaintiff.

E. The Plaintiff demanded D to have a guarantor while demanding D to pay monthly rent, and D, on March 25, 2016, issued to the Plaintiff an electronic bill (number : G), “F, the issuer F, the due date, and the face value of KRW 100 million,” which was endorsed by B, to the Plaintiff.

F. The Plaintiff presented the electronic bill of this case at the payment place, but was in default due to non-transaction.

G. The Plaintiff received the instant electronic bill as a payment guarantee for KRW 100 million, and the Defendant endorsed the instant electronic bill as a guarantor upon the request of the Plaintiff. As such, the Defendant paid KRW 100 million to the Plaintiff as a payment guarantee of D, the face value of the bill should be paid to the Plaintiff.

2. Determination

A. First of all, it is not sufficient to acknowledge that the Plaintiff guaranteed the Defendant’s obligation to pay in arrears the amount equivalent to the face value of the bill against the Plaintiff on the basis of the statements in subparagraphs 1 through 5 submitted by the Plaintiff, and there is no other evidence to acknowledge the same, and the Plaintiff’s assertion cannot be acknowledged even if the remainder of the bill is not considered.

B. In addition, a person who has become an endorser in a promissory note issued or endorsed and transferred by another person shall, in principle, bear only the obligation arising from the endorsement, and, in particular, assume the obligation to guarantee the obligation arising therefrom to the obligee, insofar as he has endorsed to the effect that he/she will guarantee the obligation that is the cause of such issuance or transfer.

Supreme Court Decision 200 delivered on April 12, 2002