A. The Plaintiff, under the agreement of Defendant D, who was detained in a criminal case, lent KRW 40 million to Defendant C and Defendant B, who is the spouse of Defendant D, who is the spouse of Defendant D. Thus, the said Defendants asserted that the said Defendants are jointly and severally liable to pay to the Plaintiff the above loans amounting to KRW 40 million and interest or delay damages thereon.

B. According to the whole purport of the statement and pleading evidence No. 1, the plaintiff transferred KRW 40 million to the defendant Eul's account on April 16, 2012, and the above KRW 40 million was recognized as having been used as a criminal agreement amount by the defendant Eul, but the following circumstances, such as ① the plaintiff and the defendant Eul made efforts to reach an agreement between the defendant Eul and the defendant Eul, ② the plaintiff did not receive a loan certificate from the defendant Eul at the time, and there was no evidence to prove that the above defendants expressed their intent of repayment, ③ there was no evidence to deem that the plaintiff requested the above defendants who are not the defendant Eul to pay the above KRW 40 million, and there was no interest payment from the above defendants. In full view of the above facts, there is no evidence to support that the above defendants lent the above amount of KRW 40 million.

C. Therefore, the plaintiff's claim against the above defendants is without merit.

2. Claim against Defendant D

A. On April 16, 2012, the Plaintiff borrowed KRW 40 million to Defendant D on April 16, 2012, and sought payment of the loan amounting to KRW 40 million and interest or delay damages.

(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts;

C. On the grounds of partial dismissal, the Plaintiff shall pay interest at the rate of 5% per annum from April 16, 2012 to the service date of a copy of the complaint for the above loan amounting to KRW 40 million, and shall complete the payment from the day after the delivery of a copy of the complaint.