A. On November 14, 2016, the Plaintiff leased KRW 40,000,00 to Defendant Limited Company B (hereinafter “Defendant Company”) at the interest rate of KRW 25,000 per annum and the due date of repayment on November 18, 2016, and Defendant C guaranteed the Defendant Company’s above loan obligation against the Plaintiff.

B. On November 14, 2016, the Plaintiff transferred KRW 40,000,00 to a bank account under the name of the Defendant Company.

[Ground of recognition] without any dispute, Gap evidence 1, Gap evidence 2, Eul evidence 1, the purport of whole pleadings and arguments

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 40,000,000 and damages for delay.

B. The Defendants’ assertion and judgment 1) D requested Defendant C to prepare and deliver a loan certificate necessary for borrowing money from the Plaintiff. The Defendants merely prepare a loan certificate and sign it as joint and several sureties without intent to conclude a monetary loan contract with the Plaintiff.

Therefore, it cannot be deemed that a monetary loan contract has been concluded between the Plaintiff and the Defendants.

B) The Plaintiff was well aware that the Defendants, without the intent to conclude a monetary loan contract with the Plaintiff, knew that the monetary loan contract between the Plaintiff and the Defendants is null and void as a non-career indication. C) also concluded that the monetary loan contract between the Plaintiff and the Defendants was null and void as a false declaration of agreement. (d) In full view of the purport of the entire argument in the statement in subparagraph 1, the Plaintiff’s judgment as to November 14, 2016, comprehensively took into account the purport of the entire argument, it can be recognized that the Defendant Company borrowed KRW 40,000,000 from the Plaintiff on November 18, 2016 and the interest rate of KRW 25% per annum, and that the Defendant C signed the loan with the intent to jointly and severally guarantee the Defendant Company’s above loan obligation against the Plaintiff.