A. The Defendants are jointly and severally liable for 50,000,000 won and the same from October 30, 201 to the date of full payment.

A. On September 29, 2011, the Plaintiff received from the Defendants a loan certificate stating that “Defendant B will borrow KRW 50 million from the Plaintiff and pay KRW 50 million in two copies of the interest rate. However, the Plaintiff is given priority to registering as a shareholder in the terms and conditions of incorporation of a stock company. Defendant C shall guarantee the said obligation.” (hereinafter “the instant loan certificate”).

In addition, the Plaintiff remitted to Defendant B the sum of KRW 50 million on September 29, 201, and KRW 30 million on November 15, 201 and December 1, 2011, respectively.

B. Defendant B established D Co., Ltd. (hereinafter “Nonindicted Company”) on October 17, 2011 and took office as the representative director. The Plaintiff was appointed as the inside director and the Defendant C, respectively.

Defendant B and the Plaintiff are listed as holding shares of 2,500 shares in the register of shareholders of Nonparty Company.

C. On May 23, 2012, the Plaintiff received KRW 1 million from Nonparty Company.

Meanwhile, the Plaintiff sent to Defendant C a text message stating, “I need not talk about KRW 30 million, provided that I lent son, investment KRW 50 million, and KRW 50 million. I need not talk again about KRW 50 million.”

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3 (including virtual number), Eul evidence 1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. Defendant B borrowed KRW 80 million from the Plaintiff for the business of the non-party company. Defendant C, the husband of Defendant B, was jointly and severally and severally guaranteed the above amount of KRW 50 million. The Defendants are liable to pay each of the above amounts to the Plaintiff.

B. The amount of money that the Plaintiff asserted by the Defendants was paid to Defendant B is not a loan, but an investment for the establishment of the non-party company. The instant loan certificate was formally drawn up for the payment of the investment, and thus is null and void, since it was based on the declaration of intention of the non

3. Determination

A. As to the nature of KRW 50 million (1).