1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. According to the purport of Gap evidence Nos. 1 and 2 as to the cause of the claim and the entire pleadings, Eul prepared and attached the loan certificate (the evidence No. 1; hereinafter "the loan certificate of this case") stating that the Plaintiff shall pay in installments the amount of KRW 170 million on February 23, 2015, and the method of repayment shall be KRW 20 million on the last day of each month from March 2015 to September 2015 (the last day of each month) from March 2015. The defendant may recognize the fact that the loan certificate of this case is signed and sealed as the guarantor.

According to the above facts, the defendant, as a guarantor, is jointly and severally with B, obligated to pay to the plaintiff 170 million won of the borrowed amount and damages for delay calculated at the rate of 15% per annum from January 13, 2016 to the day following the delivery date of the copy of the complaint of this case sought by the plaintiff after the due date of the contract.

2. The defendant's assertion and judgment

A. The defendant's assertion that the plaintiff entered into the above guarantee agreement with the condition of suspending the plaintiff's withdrawal of the complaint against B, and that the above guarantee agreement was not effective since the plaintiff's withdrawal of the complaint against B did not take effect. Therefore, the plaintiff's claim cannot be complied with.

B. According to the reasoning of the lower judgment, the facts charged by the Plaintiff, G, and F with B on February 3, 2015 can be acknowledged as constituting fraud, according to the following: (a) the testimony of part of the witness H and the entire pleadings by the Defendant, G, and F.

However, each of the statements Nos. 1 and 2 as follows, i.e., the following circumstances revealed by the witness H’s testimony and the entire purport of oral argument, i.e., the loan certificate of this case does not state any indication to the effect that a guarantee contract is concluded on the condition of cancellation of complaint; ii) the witness H of the party at the time of preparation of the loan certificate of this case as Defendant and B testified to the effect that “I had no reference to the cancellation of complaint of this case at the time of preparation of the loan certificate of this case” in this court; iii) the first instance court and the Plaintiff.