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

A. C on December 1, 2008, borrowed KRW 20,000,00 as the operational fund of “E” located in the Kimhae-si operated by the Jin-si Agricultural Cooperative on the same day, and the Plaintiff jointly and severally guaranteed the above loans on the same day.

B. On August 3, 2012, the Plaintiff loaned KRW 200,000,000 to C by setting the interest rate of KRW 6% per annum, and the due date for repayment as the time of the Plaintiff’s request for performance.

C. After that, on December 4, 2013, the Plaintiff subrogated for KRW 19,821,928 of the principal and interest of loans to the actual agricultural cooperative.

On the other hand, around March 2013, C filed a report on the closure of business with respect to the above pesticide company. On March 19, 2013, C, the Defendant, the owner of the above pesticide company, entered into a lease agreement with FJ and the above pesticide company store on March 19, 2013, and registered the business as E on March 20, and operated the above pesticide company around that time.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence 1 to 3 (including additional numbers), Eul evidence 3 to 5, Eul's testimony and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant took over the E’s business from C at the end of December, 2012, and jointly and severally guaranteed the obligation to borrow money against the Plaintiff, and even if not, the Defendant continued to use the E’s trade name after taking over the E’s business from C. Thus, the Defendant is liable to pay as a joint and several surety or the Plaintiff the above loan amount of KRW 200,000,00 and damages for delay pursuant to Article 42(1) of the Commercial Act. 2) In addition, the Plaintiff has a claim for indemnity equivalent to the same amount of the loan amount of KRW 19,821,928 by paying the loan amount of KRW 19,821,928 on behalf of the Plaintiff at the actual agricultural cooperative, and the Defendant continues to use the E’s trade name after taking over the E’s business as above. Accordingly, the Defendant is liable to pay the Plaintiff the indemnity amount of KRW 19,821,928 and damages for delay.

B. However, the Defendant against C’s Plaintiff.