1. The Defendants jointly and severally committed against the Plaintiff KRW 124,486,957 and Defendant from November 6, 2015.

1. Determination as to the Plaintiff’s claim against Defendant B farming association corporation (hereinafter “Defendant B”) and D

A. The facts of recognition are as follows: ① The Plaintiff is a merchant engaged in wholesale and retail business of rice and other grains, and Defendant B is a corporation established for the purpose of agricultural product distribution business; ② the Plaintiff supplied 367,689,479 won to Defendant B, general rice, etc. (hereinafter “contested rice, etc.”) from October 6, 2015 to November 5, 2015; ③ Defendant B paid the Plaintiff KRW 243,202,522 as the purchase price of rice, etc. (hereinafter “contested rice, etc.”); ④ Defendant B, a natural person who is the representative director of Defendant B, was the Defendant B, a corporation on April 6, 2016, sold cash in KRW 80 million (payment of KRW 30 million, KRW 500 million to Defendant B’s point of F Bank F Bank’s branch), and the Plaintiff did not dispute over the purport of each of the parties’ respective obligations as to whether Defendant B was liable or not, as a whole, between the parties.

B. 1) Article 454 of the Civil Act provides that, in a case where a third party assumes an obligation based on a contract with the obligor and discharges the obligor’s obligation, it shall take effect against the obligee only with the consent of the obligee. Thus, in the absence of the obligee’s consent, even if the obligor and the underwriter agree to assume an obligation with the discharge, it shall not have the effect of taking over the performance, etc., and the obligor shall not be relieved of the obligation (see Supreme Court Decision 2009Da88303, May 24, 2012). According to the foregoing facts, upon entering into the transfer contract of the instant legal entity, Defendant D, as a natural person, agreed to assume an obligation of Defendant B on April 6, 2016 as a result of the conclusion of the transfer contract of the instant legal entity, he/she concurrently assumed the obligation of purchase price, such as rice, etc., to the Plaintiff, and due to the existence of Defendant D D’s obligation jointly with the Plaintiff.