A. The Plaintiff is a merchant engaged in a tobacco plant and original business with the trade name of “D.” Defendant B (hereinafter “Defendant Company”) is a company engaged in textile manufacturing business, sales business, etc., and Defendant C is an internal director who is the representative of the Defendant Company.

B. The Plaintiff supplied vinyl, etc. to the Defendant company during the period from July 2017 to December 201 of the same year. The sum of the price for the goods such as vinyl, etc. supplied (hereinafter “instant goods”) is KRW 97,731,700 (= KRW 5,509,710 KRW 7,805,460 KRW 14,583,400 KRW 16,238,160 KRW 13,286,835 KRW 26,739,825 KRW 13,568,310).

C. On the other hand, as of May 4, 2018, the Plaintiff and the Defendant Company prepared a loan certificate with the same content as that stated in the separate sheet (No. 1; hereinafter “the instant loan certificate”). The lower part of the loan certificate states that “BC” is “A” and the Defendant Company’s unmanned seal was affixed next to the loan certificate.

[Ground for recognition] Defendant Company: The fact that there is no dispute, Gap evidence Nos. 1 and 2 (including each number, if any; hereinafter the same shall apply) and the purport of the whole pleadings, as a whole, of the confessions (Article 150(3) and (1) of the Civil Procedure Act)

2. Summary of the parties' arguments;

A. The summary of the Plaintiff’s assertion is that the Defendant Company prepared and delivered the instant loan certificate to the Plaintiff in substance with respect to the unpaid price out of the instant goods, and Defendant C, the representative of the Defendant Company, signed and unmannedd on the lower end, thereby jointly and severally guaranteeing the Defendant Company’s obligation to pay the said goods.

Therefore, the defendants are jointly and severally liable to pay 75 million won and damages for delay for the payment of the above unpaid goods.

B. The summary of the defendant C's assertion is that the defendant C only prepared a written confirmation under the name of the defendant corporation with respect to the amount of the goods unpaid at the plaintiff's request as the representative of the company, and he pays the price to the plaintiff on behalf of the company.

(b).