1. The Defendants shall jointly and severally pay to the Plaintiff KRW 65,00,000 and the interest rate thereon from June 12, 2014 to the date of full payment.

1. Basic facts

A. On April 12, 2012, the Plaintiff entered into an agreement with a limited liability company D (hereinafter “D”) as follows (hereinafter “instant agreement”). On the same day, the Defendants jointly and severally guaranteed the obligations owed by D to the Plaintiff pursuant to the instant agreement.

“The Plaintiff shall determine the size of 674 square meters prior to Ansan-gu, the Plaintiff owned by the Plaintiff as a collateral value of KRW 100 million and provide D with a collateral value of KRW 35 million up to April 12, 2014, D shall provide the Plaintiff with a collateral value of KRW 35 million and pay KRW 975,000 per month interest on the remainder of KRW 65 million to the Plaintiff. D shall be comprised of two joint and several sureties, and the joint and several sureties shall be jointly and severally liable for the said goods.”

B. On April 12, 2012, according to the instant agreement, the Plaintiff completed the registration of the establishment of a mortgage with regard to the members of Ansan-si E (hereinafter the instant land) owned by the Plaintiff on April 12, 2012, with regard to the registration of the establishment of a collective security right holder live drink Co., Ltd., Ltd., the debtor D, and the maximum debt amount of KRW

C. D did not pay interest under the agreement to the Plaintiff from June 12, 2014, and discontinued its business.

On the other hand, as it was impossible to receive the claim from D, the Suwon District Court filed an application for voluntary auction on the instant land at Ansan Branch. The said court rendered a decision to commence auction on December 12, 2014, and on January 21, 2016, sold the instant land.

[Ground of recognition] The entry of Gap evidence 1 (the same as Eul evidence 2), Gap 2, and 3, the facts of this court, the whole purport of the pleading

2. Determination:

A. As to the cause of the claim, the instant agreement is to receive KRW 100 million in return for the Plaintiff’s provision as a physical collateral for the security of D’s obligation. The instant agreement is to receive KRW 35 million on the date of the instant agreement immediately after the Plaintiff received KRW 65 million on the date of the instant agreement, and instead to receive the agreed interest on behalf of the Plaintiff. In full view of the contents of the agreement as well as the above fact of recognition, the Defendants are related to D’s obligation under the instant agreement and the joint and several guarantee agreement.