Of the judgment of the first instance, the part against the Defendants exceeding the amount ordered to be paid shall be revoked.

1. Basic facts

A. A. Around August 2011, D entered into an enterprise acquisition agreement with F, holding 100% of the shares issued by E Co., Ltd. (hereinafter “E”, and omitting the entry of “Co., Ltd.”), with the Plaintiff’s introduction, on the part of F, holding 10% of the shares issued by E.

B. D, by September 201, paid the acquisition price to F, and accepted E, and changed the trade name to B (hereinafter “Defendant Company”) on September 22, 2011, and was appointed as the representative director.

On the other hand, the defendant C lent the acceptance price to D, who was appointed as the auditor of the defendant company on the same day.

2. Summary of the parties’ assertion

A. The Plaintiff loaned KRW 28,00,000,000 to D as acquisition price, etc. during the process of the Plaintiff’s acquisition, and D, after having taken office as the representative director of the Defendant Company, borrowed KRW 28,00,000 from the Plaintiff to the representative director of the Defendant Company on September 28, 2011, the Plaintiff prepared a loan certificate stating that “The Defendant Company borrowed KRW 28,00,000 from the Plaintiff, and that it would be repaid until November 30, 201” (hereinafter “the first loan certificate”).

The Defendant Company requested the Plaintiff to extend the due date without paying the debt by the due date, and the Plaintiff demanded the Defendant C to pay the due date as a joint guarantor.

Accordingly, on December 6, 2011, the Defendants: “The Defendant Company borrowed KRW 28,00,000 from the Plaintiff at the maturity of 20% on March 5, 2012, and at the interest rate of 20% per annum; the Defendant C, which is a joint and several surety, prepared a loan certificate (Evidence 1-1, 200, 300) stating that “The Defendant is a joint and several surety.”

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 28,000,000 and interest or delay damages on the loan or agreed amount.

B. On December 5, 2011, the Defendants Company 1 borrowed KRW 6,560,000 from the Plaintiff, and Defendant C merely jointly and severally guaranteed this, and D or Defendant Company, like the Plaintiff’s assertion.