1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 98,291,447 and KRW 90,893,778 among them, from October 12, 2016.

Basic Facts

The Defendants agreed to purchase construction machinery under Defendant A’s name and provided various documents necessary for the application for the loan to the partnership company, which entered into an entrustment contract with the Plaintiff in order to obtain the loan for the purchase fund.

Of the documents, Defendant A was the principal debtor, and Defendant B and Defendant C signed and sealed each of the joint and several sureties as a joint and several sureties in a letter of delegation that delegates all acts for the establishment of a loan contract and joint and several sureties contract with the Plaintiff regarding the case of an automobile construction machinery loan (application) agreement with the Plaintiff as an agent of the partnership.

Through this, Defendant A borrowed KRW 99 million from the Plaintiff on October 1, 2015, and the maturity date on October 15, 2019; the interest rate was 12.9% per annum; and the interest rate was 22.9% per annum; Defendant B and Defendant C jointly and severally guaranteed Defendant A’s obligation to refund the loan amount of KRW 128.7 million with the maximum amount of the guaranteed obligation as KRW 128.7 million.

(1) The agreement on the loan contract of this case provides that "the applicant for the loan (the principal) and the joint guarantor shall receive the basic terms and conditions of savings bank loan transaction and the core description clearly, and hear and understand the main contents." The agreement on the loan of this case is signed and sealed by the Defendants.

The application agreement of the instant loan agreement contains individual agreements on the back side, and the main contents thereof are as follows.

Article 1 [Application for Loans and Entrustment of Payment] Customer A

Defendant B and Defendant C Co., Ltd., a joint and several surety.

The term "motor vehicle construction machinery seller" (hereinafter referred to as "seller") refers to the plaintiff company for the funds to purchase and operate motor vehicle construction machinery.

and on behalf of the principal, the Company shall directly sell the amount of the loan.