(a) The following facts are not disputed between the Parties or may be admitted by each entry in Gap evidence 1 and 2:

1) On November 1, 2017, the Plaintiff entered into a mixed feed supply agreement with C (hereinafter “instant supply agreement”). At the time, the Defendant set the obligation under the instant supply agreement as the guarantee limit of C at KRW 150,00,000, and jointly guaranteed the obligation under the instant supply agreement at KRW 150,000. 2) C did not pay KRW 83,928,267 to the Plaintiff according to the instant supply agreement. On August 21, 2019, the Plaintiff and C concluded a loan agreement (hereinafter “instant loan agreement”).

Article 2 (Interest on Loans) (1) Interest on loans shall be 6% per annum and shall be calculated on the last day of each month. (2) The date of payment of interest on loans shall be the last day of each month.

(Provided, That if the interest is not paid within 15 days from the date of payment, the interest may be claimed for the overdue interest calculated at 12% per annum from the day following the date of payment of interest). Article 3 (Period of Lending) (1) The lending period shall be one year from the date of lending. (2) The lending period shall be one year from the date of lending.

3) According to the instant loan agreement, C repaid the interest on January 11, 2020 on March 11, 2020, and thereafter did not pay interest. (B) Determination 1) In the event a loan for consumption equivalent to the legal nature of the instant loan agreement was made, in principle, the existing obligation continues to exist in the form of a loan for consumption while maintaining its identity and the relevant security remains in existence (see, e.g., Supreme Court Decision 94Da8440, May 13, 1994). On the other hand, in a novation, there is no distinction between the existing obligation and the new obligation.

If a party to an existing claim or obligation agrees to make an object of a loan for consumption, it shall be deemed to be a novation or quasi-loan for consumption.