Judgment made by Confession: Article 208(3)2 of the Civil Procedure Act

2. Comprehensively taking account of the overall purport of the pleadings as to the claims against Defendant C, the Plaintiff entered into a travel business participation agreement with Defendant B Co., Ltd. (hereinafter “B”) with the effect that on February 2, 2016, the Plaintiff invested KRW 100,000,000, and Defendant B would pay KRW 3,000 per month as profit-sharing to the Plaintiff (hereinafter “instant contract”). Defendant C, who actually operates the Defendant B, jointly and severally guaranteed the Defendant B’s obligation under the instant contract; the Plaintiff paid KRW 100,000,000 to the Defendants around the time of the instant contract; and Defendant C, on December 8, 2016, decided to allow the Plaintiff to pay KRW 10,000,000 borrowed interest to the Plaintiff up to the end of 10,000,000,000 to the end of 20,000,000 to the end of 17,2016.”

According to the above facts of recognition, Defendant C is jointly and severally liable to pay the Plaintiff the above KRW 100,000,000 as well as interest at the rate of 24% per annum, which is the agreed interest rate, from May 20, 2017 to the date of full payment.

As to this, Defendant C alleged to the effect that Defendant C was not liable to pay the above KRW 100,00,000 to the Plaintiff on the date of pleading. However, even if Defendant C is a person who actually operates the Defendant B, Defendant C corporation is indicated as a party to the instant contract, and as long as its official seal is affixed, Defendant B cannot be exempted from its liability. Thus, Defendant C’s above assertion is rejected.

3. Conclusion.