2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

A. The Plaintiff is the representative director of the joint Plaintiff A (hereinafter “A”) in the first instance trial.

Defendant D operates a non-disck wholesale business, and Defendant C is the wife of Defendant D.

B. On June 23, 2015, the Plaintiff lent KRW 10,000,000 to Defendant C with interest of KRW 200,000 per month. On August 13, 2015, the Plaintiff received interest of KRW 200,000 from Defendant C.

C. On August 13, 2015, the Plaintiff remitted KRW 58,000,000 to the Defendant C’s account from his wife E’s account.

[Recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. According to the facts of the above recognition as to the Plaintiff’s loan claim against Defendant C on June 23, 2015, Defendant C is obligated to pay to the Plaintiff the agreed interest or delay damages calculated at the rate of KRW 200,000 per month pursuant to the agreement from July 23, 2015 to the date of full payment.

(Plaintiff claimed monthly interest from July 13, 2015, but the Defendant already paid 200,000 monthly interest from June 23, 2015 to July 22, 2015, and thus, ordered the Plaintiff to pay monthly interest from July 23, 2015). 3. Determination as to the Plaintiff’s primary and conjunctive claim against the Defendants

A. 1) The summary of the claim is as follows: (a) the Defendants, while having no ability to repay, acquired the Plaintiff under the pretext of a loan, by deceiving the Plaintiff; (b) the Defendants jointly have the obligation to compensate the Plaintiff for damages amounting to KRW 58,000,000 due to joint tort and damages for delay; (c) there is no evidence to acknowledge that the Defendants, by deceiving the Plaintiff, acquired KRW 58,000,000 by deceiving the Plaintiff; and (d) the Defendants’ primary claim is without merit.

B. 1) The gist of the conjunctive claim is that the Plaintiff lent KRW 58,000,00 to the Defendants, and the Defendants are obliged to pay each of the Plaintiff KRW 29,000,000 and the delay damages therefrom. 2) The Defendants are Defendant D.