1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Facts of recognition;

A. To purchase the H Twitter on March 30, 2012, F: (a) at the interest rate of KRW 97 million from G Co., Ltd. (hereinafter “G”) on a yearly basis; (b) at the interest rate of KRW 19.8% per annum; (c) at the interest rate of 24% per annum; (d) the repayment method of the principal and interest in 48 months; and (e) the Defendant and E, the wife of F, the E, and the Defendant and E, the E, the E, jointly and severally, guaranteed the obligation of the instant loan under the name of B.

B. F agreed to the Plaintiff that “I will pay the loan of this case at an auction. I will pay the loan of this case to the Plaintiff if the Plaintiff would pay the loan of this case to G with another loan.”

(hereinafter referred to as “instant agreement”). C.

Accordingly, on May 21, 2012, J, the representative director of the Plaintiff, obtained a loan by setting at 36-month equal installment repayment terms (the first 3,210,471 won, second 3,246,910 won, second 3,246,910 won), interest rate per annum 14% per annum, and interest rate per annum 25% per annum. On the same day, the Plaintiff paid 85,805,715 won with the above loan as the principal and interest of the instant loan in the name of B, and obtained consent from G on subrogation.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, and 8 (if there are additional numbers, including branch numbers; hereinafter the same shall apply), the testimony of the first instance court witness F, the fact inquiry results of the first instance court's G, the purport of the whole pleadings.

2. According to the above facts of recognition as to the cause of the claim, the defendant is jointly and severally liable with B and E to pay 85,805,715 won, which is the amount of subrogation, to the plaintiff who subrogated for the loan of this case as a joint and several surety of the loan of this case, and damages for delay.

3. Judgment on the defendant's assertion

A. Defendant’s assertion 1) The Defendant did not provide joint and several sureties for the instant loan obligation. 2) The Plaintiff subrogated the Plaintiff to G by the actual borrower of the instant loan.