The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

1. The grounds for this part of the facts of recognition are as stated in Paragraph 1 of the judgment of the first instance, except for the partial dismissal as follows. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Article 2 of the judgment of the court of first instance provides that "The defendant subrogatedly repaid the amount of KRW 95,00,000, which was issued by the defendant among the principal of the loan in arrears by the non-party company on November 8, 2019, to the branch office of the Bank of Korea on November 8, 2019 (= KRW 72,042,158, the loan interest of KRW 71,757,973 at KRW 284,185)" shall be construed as "The defendant repaid the loan interest of KRW 72,042,158 on November 8, 2019."

In the second instance judgment, the following shall be added after the second instance judgment 19:

"D."

On the other hand, on November 22, 2019, after the filing of the instant lawsuit, the Defendant filed a lawsuit seeking reimbursement against the Plaintiff, the Nonparty Company, and the Nonparty E (hereinafter “instant separate lawsuit”) (Seoul District Court Decision 2019Gadan 540362, hereinafter “the instant separate lawsuit”), and the Plaintiff respondeded to the lawsuit and testified as to the merits. On June 23, 2020, the said court rendered a judgment that the Plaintiff et al. jointly paid to the Defendant under the instant agreement, etc. (i) KRW 73,493,08 (i.e., subrogated payment amounting to KRW 72,042,158; KRW 1,265,00, additional guarantee fees) and delayed payment of KRW 72,042,158 among them.

The plaintiff submitted a petition of appeal on July 3, 2020 to the above judgment, but on July 20, 2020, the order to dismiss the petition of appeal was issued, and the above judgment became final and conclusive as it is.

"In the first instance judgment, the evidence of No. 1, No. 6 through 8, evidence of No. 1, evidence of No. 2, evidence of No. 4, evidence of No. 6, evidence of No. 6, evidence of No. 6, evidence of No. 6, and the purport of the whole pleadings" are as follows: "No dispute over [based grounds for recognition], evidence of No. 1, 6 through 8, evidence of No. 1, No. 6 through No. 8, Eul, evidence of No. 6, evidence of No. 7, No. 5, No. 5, No. 8, and No. 9, and the purport of the whole pleadings".

2. Determination as to the defendant's defense prior to the merits

A. The defendant.