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

Purport of claim and appeal

The first instance court.

A. C, while operating a mutual construction enterprise of “D”, completed business registration with respect to the said construction enterprise on November 15, 2007 under the name of its wife.

B. Around December 2016, the Plaintiff: (a) determined a contract amount of KRW 87,670,000 (the supply price of KRW 79,70,000) between F and F operating a construction business under the trade name of “E”; (b) decided to supply steel products (H-BAM) and other marries to the daily source of Kim Sea and Sho; (c) concluded a contract for goods supply with a down payment of KRW 30,000,000 on December 23, 2016; and (d) concluded a contract for goods supply with each payment of the remainder by February 10, 2017 (hereinafter “instant goods supply contract”); and (c) on the same day, C jointly and severally guaranteed the obligation to pay the Plaintiff to F under the name of the Defendant to the Plaintiff under the said goods supply contract.

(hereinafter “instant joint and several sureties Agreement”). (c)

Under the instant product supply contract, the Plaintiff supplied F with steel (H-BAM) and other marries equivalent to KRW 79,648,052. The Plaintiff paid the Plaintiff KRW 30,000,000 as the price for the supply of goods, and KRW 25,00,000 as the price for the supply of goods.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 5-4, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant granted a comprehensive power of representation to C to enter into the instant joint and several guarantee agreement, or permitted C to lend a business operator's name to C to operate the business under its name, and thus, as the party to the instant joint and several guarantee agreement or the nominal borrower under Article 24 of the Commercial Act, C is liable to pay his/her debt incurred in performing the business transaction.

3. Determination

A. As to the assertion of comprehensive delegation of authority, the fact that the defendant lent the name of business registration to C, who is his husband, to operate a construction business under the trade name "D" is as seen earlier. However, the circumstances and the evidence submitted by the plaintiff alone can enter into the joint and several guarantee agreement with C in the name of the defendant.