The plaintiff's law firm against the defendant, C. 2. 2. 2016, No. 259 of the money loan contract against the defendant.

1. Basic facts

A. On August 22, 2016, E, a director in charge of D and the Defendant’s business, as an agent, borrowed KRW 30 million from the Defendant, and entered into a monetary loan agreement with the effect that, during the ten-month period from September 20, 2016 to June 20, 2017, D shall pay KRW 300,000 in installments, and if the principal and interest are delayed, it shall pay damages for delay at the rate of 25% per annum. The Plaintiff jointly and severally guaranteed D’s above loan obligation within the scope of KRW 30 million.

D, on the same day, the Plaintiff, and E have drawn up a notarial deed of money consumption loan contract No. 259 of 2016 (hereinafter “notarial deed of this case”) with the same content as the money consumption loan contract and joint and several sureties contract of this case.

B. The Plaintiff paid to E totaling KRW 23 million on eight occasions from August 25, 2018 to December 9, 2019, respectively, upon the demand of E for the performance of joint and several liability obligations, and KRW 7 million on February 17, 2020 to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, and 3 evidence (including branch numbers), witness E's testimony, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff: (a) the amount of KRW 23 million out of the maximum amount of the joint and several liability to the Defendant is KRW 30 million, and the amount of KRW 7 million was fully paid by the Defendant by the direct payment to the Defendant; and (b) the Plaintiff’s joint and several liability was extinguished. (c) The Plaintiff believed that E was entitled to receive the Defendant’s payment; and (d) there was justifiable reason to believe that E was a right to receive the Defendant’s payment; and (e) payment for E is valid for the Defendant in accordance with the legal doctrine of

In addition, payment to E constitutes payment to quasi-Possessors of claims as stipulated in Article 470 of the Civil Act.

3 Preliminary, E has the right to receive the joint and several liability obligations on behalf of the defendant, even though it does not have the right to receive the joint and several liability obligations from the plaintiff.