대여금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the part as modified in the following 2. paragraph, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The changed part of the first instance court Decision 2, the last 2 pages to 3 pages (the part concerning the defendant's assertion of exemption from liability and its determination) shall be amended as follows:
“A. The Defendants asserted that D, an agent of the Plaintiff, paid 40 million won at the time of the formation of the instant agreement, the remaining 35 million won was exempted. The witnesses E, as the wife of the Defendant C, participated in the instant agreement at the time of the formation of the agreement, and as the Defendants complaining of the difficult circumstances that the Defendant B did not have, at that time, faithfully performed, paid 35 million won when D, 75 million won was faithfully performed. The Defendants testified consistent with the Defendants’ assertion. However, the witness E’s testimony was ① if the parties during the formation of the instant agreement, in certain cases, 75 million won, and 35 million won, which are close to the majority of the agreed amount, are difficult to accept from the standpoint of social norms, the Defendants’ assertion that it is difficult to easily accept the Defendants’ assertion that it is not an important content of the agreement. Furthermore, the Defendants’ assertion that it is difficult to recognize the exemption of 75 million won, in light of the nature of the agreement, as well as an essential content of the agreement.