[Reasons for Recognition] Defendant 1: Defendant 2, Defendant 3: Evidence Nos. 1 through 4, and the purport of the whole pleadings

2. The Defendants are jointly and severally liable to pay to the Plaintiff KRW 60,000,000 as well as statutory damages for delay calculated at the rate of 15% per annum from March 9, 2019 to the date of full payment, which is the day following the final delivery of the complaint.

3. Determination on the assertion by Defendant D (hereinafter “Defendant”)

A. 1) The Defendant is an investment money not borrowed. 2) The Defendant prepared a statement of performance, etc. on the condition that the Plaintiff did not file a criminal complaint, and the Plaintiff committed a criminal complaint. As such, the Defendant’s statement of performance prepared by the Defendant is null and void.

3) The scope of the Defendant’s liability is limited to KRW 18,00,000 actually used by the Defendant. 4) The Plaintiff was used by the Defendant with a vehicle equivalent to KRW 35 million in 2012, and thus, it became an accord and satisfaction.

B. 1) According to the evidence as seen earlier, the instant money is recognized as the borrowed money. 2) Since the Defendant’s obligation to return the borrowed money was incurred by the borrowed loan agreement, it is not affected by the preparation of a performance letter, etc. or criminal complaint thereafter.

3) There is no ground to view that the scope of the Defendant’s liability is limited to the actual amount used. 4) The mere fact alleged by the Defendant cannot be viewed as payment in kind.

The defendant's argument is without merit.