Of the instant lawsuit, the ancillary claim against Defendant D is dismissed.

The plaintiff's defendant B, limited partnership company.

1. Basic facts

A. The Plaintiff is the representative of E Co., Ltd. (hereinafter “E”), and Defendant B is the representative of Defendant C and the Plaintiff’s external lodging.

Defendant C and D are companies for housing construction, etc.

B. From February 23, 2016 to June 23, 2016, the Plaintiff remitted total of KRW 1,515,002,50 from the E’s account to its own account, and then remitted KRW 1,486,00,000 to Defendant B’s account (hereinafter “instant money”).

C. Defendant C filed an application for rehabilitation with the Gwangju District Court 2016 Ma5019, and received a decision to commence rehabilitation plan on September 9, 2016, and obtained the rehabilitation plan approval on July 12, 2017.

However, on July 31, 2017, the above court revoked its rehabilitation plan approval and decided not to authorize the rehabilitation plan.

[Ground of recognition] Facts without dispute, Gap evidence 3, Eul evidence 1, 2, Eul evidence 1, 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Plaintiff loaned the instant money to Defendant C through Defendant B, and Defendant B agreed to repay the said money to the Plaintiff. As such, Defendant C, as a joint guarantor, is jointly and severally liable to pay the Plaintiff the instant money and delay damages therefrom to the Plaintiff. (2) Defendant D and C are almost the same as the shareholder composition or officers and employees of Defendant D, and Defendant C agreed that Defendant C’s manager would jointly pay the said money to the Plaintiff with Defendant C. Accordingly, Defendant C and joint guarantor are jointly and severally liable to pay the instant money, and Defendant C lent the instant money to Defendant C from January 21, 2015 to July 14, 2016.