A. On June 22, 2018, the Plaintiff recommended Defendant B to pay the principal of the investment at the time of three months by allocating the profit of KRW 3 million to the first month and the second month within the investment period, and the third month to pay KRW 50 million to Defendant B the investment amount on the same day.

B. Defendant B paid the Plaintiff KRW 3 million, each of the first month and the second month, and KRW 4 million in the third month, with respect to the foregoing investment, but the principal of the investment was not repaid even after the lapse of three months.

C. On July 8, 2019, Defendant B entered into an agreement with the Plaintiff to pay KRW 80 million by August 30, 2019, as the Plaintiff failed to repay the said investment amount to the Plaintiff by the due date. Defendant C guaranteed Defendant B’s obligation to pay the said agreed amount to the Plaintiff on the same day.

(hereinafter “this case’s agreement”). 【No dispute over the grounds for recognition”, Gap 1, 2, and the purport of the entire pleadings.

2. According to the above facts of the judgment, barring any special circumstance, the Defendants are obligated to pay the contract amounting to KRW 80 million and delay damages to the Plaintiff jointly with Defendant B as the principal obligor, Defendant C as the guarantor, and the Plaintiff jointly with the Plaintiff pursuant to the agreement of this case.

[Judgment against Defendant C by deeming confessions (Article 208(3)2 of the Civil Procedure Act). As to this, Defendant B borrowed KRW 50 million from the Plaintiff and paid as interest, and the Plaintiff agreed to pay KRW 80 million by the Plaintiff’s strong pressure, so the amount to be paid to the Plaintiff is limited to KRW 50 million. However, there is no evidence to prove that the Plaintiff concluded the instant agreement with Defendant B by force. Thus, the above assertion is without merit.