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

A. On August 1, 2012, the Plaintiff, as a company manufacturing and selling clothes, prepared a special contract with the Defendant’s father B as the representative of the D agency located in Busan City (hereinafter “instant agency”) (hereinafter “instant contract”), and supplied goods, such as clothing, to the said agency.

B. On September 18, 2012, the Plaintiff and the borrower entered into a notarial deed on a monetary loan contract for the construction of the internal facilities of the instant agency with the Plaintiff and the borrower as the said B. On May 29, 2012, the Plaintiff entered into a joint and several guarantee contract with the Industrial Bank of Korea with the limit of KRW 120 million, and the debtor’s “E Distribution B”.

C. On the other hand, on May 16, 2012, the Plaintiff concluded a mortgage agreement with the debtor B, the mortgagee of the right to collateral security, the defendant, and the maximum debt amount of KRW 120 million on the apartment owned by the Defendant, and set up a mortgage accordingly.

[Ground of recognition] Facts without dispute, Gap 1, 3, 5, 6, 11 each entry

2. The plaintiff's ground for claim

A. The contract of this case, which is the primary cause of claim, is the defendant only under the name B at the defendant's request.

The defendant did not pay a loan for some of the goods price and the interior facilities until the agency closes its business, and the plaintiff did not pay the principal and interest of the loan that the plaintiff received as a joint and several surety.

Therefore, the Defendant is obligated to pay the remainder of KRW 93,357,766, and damages for delay therefrom, excluding KRW 15,304,63, which have been partly appropriated as dividends from the auction procedure for apartments owned by the Defendant among the amount of subrogated payment for the Industrial Bank of Korea KRW 108,662,39, which was finally not recovered by the Plaintiff.

B. The Defendant, who is the ancillary cause of the claim, deceiving the Plaintiff and concluded the instant contract with the sufficient financial resources, and did not notify the apartment owned by the Defendant despite the prior lessee.