A. The Plaintiff and the joint Plaintiff B of the first instance trial (hereinafter referred to as “B”) respectively lent KRW 400 million to Defendant C and D on January 27, 2014, KRW 50 million, ② KRW 50 million on November 24, 2014, ③ KRW 100 million on December 30, 2014, ④ KRW 100 million on January 2, 2015, ⑤ KRW 400 million on January 14, 2015.

B. On December 30, 2014, Defendant C and D recognized the above obligation with respect to the Plaintiff and B. From December 31, 2014 to December 31, 2014, Defendant C and D prepared a “security and business contract for cash borrowed” with the effect that payment shall be made in addition to the interest of 2.5% per month to each of the above loans, and had been notarized by a notary public who belongs to the Seoul Northern District Prosecutors’ Office, and did not pay the above obligation. As such, on August 3, 2015, Defendant C and D drafted and issued to the Plaintiff and B a letter of payment that shall pay the agreed interest on the borrowed money by August 15, 2015.

C. Since Defendant C and D failed to pay the above borrowed amount even thereafter, on August 28, 2015, Defendant C and D prepared and delivered “a letter of performance” stating that “the principal amount of KRW 40 million and the interest of KRW 80,000,000 up to September 10, 2015” shall be paid until October 15, 2015, and the said money still failed to be paid. As such, on October 16, 2015, Defendant C and D prepared and delivered “a letter of performance” that the said Defendants would pay the said agreed amount with the operating income of the Dongdaemun-gu Seoul H T T SI operated by the said Defendants.

On the other hand, around November 18, 2016, Defendant E concurrently assumed the obligations of Defendant C and D with respect to the Plaintiff and J.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 12, the purport of the whole pleadings

2. Determination

A. According to the above facts, Defendant C and D jointly pay to the Plaintiff 480 million won (i.e., the principal amount of KRW 80 million) equivalent to the Plaintiff’s share out of the total amount of KRW 240 million (==480 million ± two persons (Article 408 of the Civil Act) and damages for delay shall be paid from October 16, 2015, which is the day following the payment date stipulated in the letter of performance as of August 28, 2015 to the day of full payment, as of October 16, 2015.