A. On September 5, 2016, Defendant B met the Plaintiff’s director D, the representative of the Plaintiff established for the purpose of alcoholic beverage sales business, etc.; however, Defendant B, despite the absence of the Plaintiff’s intent to enable the Plaintiff to deliver alcoholic beverages to the major discount stores, such as home flus, the Plaintiff, thereby falsely concluding that “the Plaintiff changed the entertainment expenses to enable the Plaintiff to deliver alcoholic beverages to home flus,” and acquired KRW 43.9 million from D from around that time to November 15, 2016.

B. Around December 9, 2016, around December 2016, Defendant B drafted a “written statement of confirmation of facts and statement of commitment performance” (hereinafter “each of the instant written statements,” and “agreement based thereon”) with the purport that Defendant B would make it possible for Defendant B to pursue Defendant B to pay KRW 80 million to the Plaintiff and D before December 28, 2016, and to secure its implementation.

At night on the same day, Defendant C signed and sealed each of the instant agreements as joint guarantor.

hereinafter referred to as "joint and several guarantee agreement of this case"

(c) From February 28, 2017 to April 6, 2018, Defendant B transferred KRW 21,50,000 to D’s account. Meanwhile, Defendant B was indicted for committing a crime described in the foregoing paragraph (a) and was convicted of imprisonment for 8 months on April 10, 2018 (U.S. District Court Decision 2017Da6984). Defendant B appealed against the said judgment and filed an appeal to the lower court (U.S. District Court Decision 2018No229). The current appellate court (U.S. District Court Decision 2018No229) is still pending. [The grounds for recognition: (i) there is no dispute; (ii) evidence No. 1-7; (iii) evidence No. 2; and (iii) the purport of the entire pleadings.

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the Defendants jointly and severally serve on the Plaintiff KRW 58,50,000 under the instant agreement and the instant joint and several sureties agreement (i.e., the agreed amount of KRW 80,000,000 - the repayment amount of KRW 21,50,000) and the aforementioned matters after the due date for the agreed payment, as sought by the Plaintiff, a copy of the instant complaint is served on January 24, 20