1. The Defendants jointly and severally, and jointly and severally, Defendant B and Construction Co., Ltd. within the limit of KRW 347,430,200, respectively, and 287,100.

1. The parties' assertion that the plaintiff sought the return of the loan lent to the defendant under the joint and several guarantee of the defendant B and the defendant Construction Co., Ltd. (hereinafter "the defendant company"), and the defendant A asserts that the actual parties to the loan agreement of this case are the defendant company and lent only the name of the defendant, and the plaintiff also concluded an intermediate payment loan agreement with the defendant despite the fact that the contract for sale in lots between the defendant A and the defendant company is the most pre-sale contract, so the above loan agreement is invalid as it constitutes a false representation.

2. Determination

A. On July 6, 2009, Defendant A prepared a loan agreement with the Plaintiff and Defendant Company’s joint and several sureties that the loan amount is KRW 267,254,00, one year, and one year, and the loan interest rate is subject to the fluctuation rate set forth in the basic terms and conditions of bank credit transactions, and the Plaintiff paid the loan to Defendant Company’s deposit account according to such agreement. The fact that the principal and interest of the loan and interest interest rate as of the date of closing argument of this case are the amount claimed by the Plaintiff is no dispute between the parties.

Thus, the defendants are jointly and severally liable to pay the above principal and interest to the plaintiff.

B. Next, we examine the Defendant A’s assertion that the above agreement constitutes a false declaration of conspiracy and thus null and void.

In order to establish a false agreement, there is a difference between the truth and indication of the expression of intent and an agreement between the other party as to the inconsistency. If a third party directly signs and seals as a principal debtor or joint guarantor in loan-related documents, such as a letter of loan for consumption, etc., the third party itself indicates that he is the debtor of the loan for consumption, and the third party has expressed his intention to have another person use the loan under the name of the third party by avoiding the credit limit stipulated by the financial institution.

or the principal and interest thereof.