A. On August 1, 2015, the indicated Plaintiffs entered into a loan agreement with Defendant C and D to lend the business funds of the gas station operated by the said Defendants on the real estate indicated in attached Table 2 (hereinafter “instant gas station”), and agreed to return the loan in the event the operation of the instant gas station is suspended or special operational matters arise. Since June 9, 201, the Plaintiff lent a total of KRW 407,000,000 to Defendant C and D.

However, Defendant C and D discontinued the operation of the instant gas station on September 1, 2017 and used the Plaintiffs’ loans for personal purposes.

This constitutes a case where the operation of the gas station of this case as stipulated in the above agreement is suspended or special operational matters arise, and the Plaintiffs expressed to Defendant C and D the intent of cancelling the above loan agreement on September 1, 2017, and sought the return of the loan.

Therefore, Defendant C and D are jointly liable to pay damages for delay calculated by the rate of KRW 203,50,000 each of the loans to the Plaintiffs (i.e., KRW 407,000,000/2) and the rate of KRW 15% per annum as stipulated by the Civil Act from September 2, 2017, the following day after the claim for return, to March 20, 2018; Defendant C and D are service day of a copy of the instant complaint; Defendant D are 5% per annum as stipulated by the Civil Act until November 3, 2017; and 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

(2) Defendant C: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act) (Article 208(3)3 of the Civil Procedure Act): Defendant D by the deemed confession (Article 208(3)2 of the Civil Procedure Act)

B. Comprehensively taking account of the overall purport of evidence Nos. 1 through 8 (including household numbers) of the claim against Defendant E, the plaintiffs have a loan claim of KRW 203,50,000 against Defendant D and a damages for delay thereof. Defendant D has a lease deposit as to the instant gas station from F around October 2015, as shown in Appendix No. 1.