1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On 201, Nonparty B and the Defendant’s joint and several sureties (1) B entered into an entrustment agency contract for two years with respect to the affairs such as subscription to mobile communications services and incidental affairs (hereinafter “instant entrustment agency contract”) with a police officer (hereinafter “K”) and operated a communications agency dealing with mobile communications services with the trade name “C”.

(2) On the other hand, at the time of concluding the instant consignment agency contract, the Defendant jointly and severally guaranteed all obligations under the instant consignment agency contract and individual agreement for the case. While the instant consignment agency contract was extended two years after the expiration of the contract term, the Defendant did not obtain a separate consent for the extension of the contract term from the Defendant.

B. On the other hand, the Plaintiff concluded a performance guarantee insurance contract between November 10, 2002 and November 9, 2004 for the guarantee of the payment of credit goods price for B B B B K, with the insurance amount of KRW 100 million, and the insurance period from November 10, 2002 to November 10, 2004.

C. After the occurrence of the insurance accident, B traded based on the instant consignment agency contract. On October 7, 2004, B delayed the credit goods payment obligation of KRW 222,252,605 as of October 7, 2004. The case claimed for the performance of the guaranteed insurance contract to the Plaintiff around October 14, 2004, and the Plaintiff paid KRW 100 million as the guaranteed insurance to the K around April 28, 2005.

【Ground for Recognition: Facts that there is no dispute between the parties or is not clearly disputed, Gap evidence 1 to 3, and the purport of whole pleadings】

2. Summary of parties' arguments and the issues of the instant case

A. The summary of the Plaintiff’s assertion and the Defendant were in the position of joint guarantor regarding the instant consignment agency contract. However, the Plaintiff around October 2004.