A. On July 2014, Defendant A Co., Ltd. (hereinafter “Defendant Company”) purchased Cskinian 24 tons dump trucks (hereinafter “instant truck”) from the passenger company (hereinafter “cab company”) around July 201, Defendant A (hereinafter “Defendant Company”) and decided to take over the collateral security debt set up in the future of Bski Capital Capital Co., Ltd. (hereinafter “FF”) with respect to the instant truck.

B. Around that time, the Defendant Company discovered whether the instant truck can be loaned as security through E (F), which is the Plaintiff’s business trustee, and the amount of loan available. The Plaintiff confirmed the Defendant Company’s credit rating, the construction machinery register of the instant truck, etc., and then notified the Defendant Company of the amount of loan available through E.

C. Accordingly, on July 24, 2014, the Plaintiff and the Defendant Company entered into an erroneous debate agreement with the Defendant Company on the condition that the instant truck be leased KRW 46 million per annum, 13.9% per annum, 23.9% per annum, and 48 months per annum, on the condition that the principal and interest are repaid in equal installments (hereinafter “instant loan agreement”), and Defendant B jointly guaranteed the Plaintiff’s obligation of the principal and interest of the Defendant Company on the same day.

The Plaintiff remitted KRW 4,598,00 to E on July 24, 2014 in accordance with the instant loan agreement. On the same day, E transferred KRW 42,879,541 to 200,000 to 200,000,000,000 remaining after remitting to 200,000 won to the Defendant Company for the repayment of the obligation to collateral security of the passenger company.

The defendant company thereafter operated the truck of this case by receiving the truck from the passenger company.

E. However, on July 31, 2014, the procedure for the registration of transfer of ownership on the instant truck under the name of the Defendant Company was delayed due to the circumstances of the passenger company, provisional attachment on July 31, 2014, which is the cause of the creditor’s Bank, the debtor’s passenger company, and the claimed amount 119,115,308.