According to these facts of recognition, Defendant B, Defendant C, and Defendant D jointly and severally have a duty to pay to the Plaintiff the amount of KRW 100,000,000,000 and damages for delay at each rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 14, 2009 to November 1, 2019, where it is evident that the date when the duplicate of the instant complaint was served to each of them, and Defendant C, as claimed by the Plaintiff, until November 16, 2019, it is clear that the date when the duplicate of the instant complaint was served to them.

No judgment may be separately made on a claim for damages arising from a tort that the Plaintiff seeks against Defendant B, Defendant C, or Defendant D, as long as citing such a claim.

2. On August 12, 2009, the Plaintiff jointly with Defendant B, Defendant C, and Defendant D, and the Plaintiff acquired KRW 100,000,000 from the Plaintiff on August 12, 2009, “If the Plaintiff lent KRW 100,000,000 necessary for the payment of the share capital for the establishment of a stock company, he/she would immediately return it on August 13, 2009,” and he/she acquired the amount from the Plaintiff on August 12, 2009.

Therefore, Defendant E, in collaboration with Defendant B, Defendant C, and Defendant D, has a duty to pay the Plaintiff the above KRW 100,000,000 and damages for delay.