1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. On October 24, 2014, the Plaintiff loaned KRW 110,00,000 per annum to purchase a vehicle for new brand bus for installment financing between D Co., Ltd. (hereinafter “D”) and the Plaintiff: (a) set the interest rate of KRW 9.9% per annum; (b) overdue interest rate of KRW 21.9% per annum; and (c) the loan period of KRW 65 months by means of equal installment of principal and interest; and (d) set forth an application for vehicle debate and an agreement by setting the period of time to lose the benefit if the monthly installment, etc. is overdue under Article 8 of the General Terms and Conditions on Credit Transactions.

B. The application for the foregoing vehicle error debate and the written agreement are affixed with D’s official seal on the loan applicant column, and D’s signature and seal is affixed on the column of joint and several sureties.

C. Meanwhile, around 2016, C provided additional joint and several suretys within the scope of KRW 84,337,648 with respect to the principal and interest of loans.

The principal and interest of the loan was overdue on May 23, 2017, and the balance of the principal and interest of the loan was 63,51,687 won as of October 18, 2017, interest 985,396 won, interest 5,975, and overdue interest 5,975 won (=63,51,687 won), and 64,543,058 won as of October 18, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff asserts that the plaintiff extended the above money to D with installment financing, and the defendant asserts that the defendant jointly and severally guaranteed the principal and interest of the loan.

As to this, the defendant asserts that the actual debtor is E, a local borrower, and D merely lent his name to E as a local member company, and that the plaintiff was aware of the fact of the name lending, so the parties to the loan contract are the plaintiff and E, and the defendant also was formally and severally guaranteed as the representative director D.

(b) 1 generally who is a party to a contract is involved in the contract.