1. The judgment of the court of first instance is modified as follows.

Defendant B and Defendant D shall be jointly and severally liable to the Plaintiff.

1. The reasoning for this part of the basic facts is the same as that of the judgment of the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. On July 11, 2016, Defendant C borrowed KRW 5 million from the Plaintiff at the interest rate of KRW 2% per month or KRW 1 million per month, and Defendant C entered into the instant business partnership agreement on behalf of the Defendant B Co., Ltd. (hereinafter “Defendant B”) to secure the above loan obligation, and Defendant D guaranteed the Plaintiff’s debt owed by the Defendant B under the instant business partnership agreement.

The Plaintiff transferred KRW 5 million to Defendant B’s account into Defendant C’s ancillary account and used part of the money individually by Defendant C, and Defendant C was not the E, whose representative director was at the time of the transfer, but the actual operation of Defendant C.

Therefore, Defendant C is an obligor of the above five million won loan, and Defendant B is jointly and severally liable to repay the debt to one or all of them when several persons, who are merchants, bear the obligation due to the act of commercial activity.

Pursuant to the foregoing, Defendant D is a joint and several surety for Defendant B, and the Defendants jointly and severally are liable to pay dividends or delay damages at the rate of KRW 5 million per month or 24% per annum from July 20, 2016, which is the day following the deposit in full (main claim) and (2) even if Defendant B and Defendant D are not jointly and severally liable for Defendant C’s above loan obligations, both Defendant C’s repayment obligation and Defendant B and D’s repayment obligation are the same economic purpose, and they are jointly and severally jointly and severally liable. Accordingly, Defendant B and Defendant D jointly and severally pay the above five million won per annum and its dividends or delay damages.