1. The Defendants jointly and severally agreed to the Plaintiff KRW 43,00,000 and the Defendants B from June 1, 2019 to March 5, 2020.

1. Basic facts

A. The Plaintiff is a company that operates a franchisor of “D”.

B. On March 5, 2020, the Plaintiff entered into a franchise agreement with Defendant B and D with regard to the operation of the Busan E store; the term of the contract from March 5, 2019 to March 4, 2020; and the down payment, such as business start-up costs, was KRW 64,700,000.

(The following is the “instant franchise agreement.” Defendant B did not pay business start-up expenses, etc. under the instant franchise agreement, and the Plaintiff treated that Defendant B received business start-up expenses, etc. by lending business start-up expenses, etc. to Defendant B on April 12, 2019.

C. After the reversal of the instant franchise agreement, Defendant B sustained losses equivalent to KRW 49,972,00,000, calculated by deducting the amount of return of duplicate facilities out of the total amount of KRW 64 million for business start-up expenses and deposit, and KRW 2,728,00,000 for franchise deposit, and KRW 10,000,000 for franchise deposit, due to the reversal of the franchise agreement.

On May 2, 2019, Defendant B issued to the Plaintiff a certificate of borrowing KRW 49,972,00,000, recognizing the loan of the establishment cost, etc. as of April 12, 2019, with the effect that Defendant B would pay the Plaintiff KRW 49,972,00 by May 31, 2019.

Defendant C jointly and severally guaranteed the obligations arising from the above loan certificate issued by Defendant C.

E. Around July 2019, Defendant B paid KRW 6,972,00 among the above loan obligations.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, purport of whole pleading

2. According to the facts of the above recognition, Defendant B as the principal debtor, and Defendant C as a joint and several surety, jointly and severally with Defendant B, shall pay to the Plaintiff 4,3 million won (6,972,972,000 won), which is the remainder of the debt arising from the loan certificate on May 12, 2019, and as the service date of the copy of the complaint of this case from June 1, 2019, which is the next day of the due date, from June 1, 2019 to March 5, 2020; Defendant C shall pay damages for delay calculated at the rate of 6% per annum as prescribed by the Commercial Act until March 22, 2020; and from the next day to the date of full payment, 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

2.3.