1. The judgment of the court of first instance is modified as follows.

Defendant (Appointed Party) and Appointed C shall be jointly and severally liable to the Plaintiff.

1. Basic facts

A. On December 15, 2016, the Defendant (Appointed Party; hereinafter “Defendant”) and Appointor C (hereinafter collectively referred to as “Defendant, etc.”) entered into a corporate acquisition agreement with the Plaintiff on the acquisition of a company (hereinafter referred to as “instant agreement”) with the content that the Plaintiff sells D Co., Ltd. for the purpose of soil construction business, reinforced concrete construction business, etc. at KRW 130,000,000 for the purchase price to the Plaintiff as share transfer method.

B. On December 22, 2016, the Defendant, etc. drafted a letter of performance guarantee (hereinafter “instant letter”) with respect to the instant contract to the Plaintiff as follows.

Before the date of business sale, there is no obligation such as a financial institution and an individual, and there is no obligation outside the Financial Cooperative, and it is confirmed and confirmed that there is no other case in which a lawsuit is pending and sold, and promises to jointly and severally assume legal responsibilities, such as compensation for damages, if the following and related matters are not fulfilled:

In the event of payment obligations and performance obligations other than contributions to a mutual aid association, or obligations or taxes or public charges after the date of stock transfer due to causes prior to the date of stock transfer, each person shall be jointly and severally liable and immediately paid.

Since a construction project is in progress as of the date of stock transfer, each person shall be jointly and severally liable and immediately liable for any civil or criminal problem or civil petition if any.

C. After the conclusion of the instant contract, the Plaintiff changed the trade name of D Co., Ltd. (hereinafter “D”) to E Co., Ltd. (hereinafter “E”) on December 21, 2016, and was appointed as E’s representative director on the same day.

E around September 29, 2017, F paid F (Business Name: G) KRW 8,970,000 for equipment rental fees and KRW 2,50,000 for equipment rental fees and KRW 2,50,000 for H (Business Name: I) lent to D around May 2016.

In addition, the J applied for a payment order against E on January 2018.