A. (1) The Defendants were de facto marital relations. Defendant A agreed to borrow KRW 20 million from C on June 26, 2015 to repay KRW 30 million until July 30, 2015 (hereinafter “the instant loan”). C wired KRW 20 million from the financial account in D, the wife on the same day, to the financial account in E, the partner of Defendant A.

(2) On June 26, 2015, Defendant A, as the agent of Defendant B, prepared and delivered a loan certificate and a written statement of payment (hereinafter “instant payment note”) stating that Defendant B would have repaid KRW 30 million by July 30, 2015 as the agent of Defendant B, who was issued on June 3, 2015, accompanied by the Defendant B’s certificate of personal seal impression.

B. On September 28, 2015, C transferred C’s claims against the Defendants to the Plaintiff KRW 30 million.

C On October 6, 2015, although the notice of the assignment of claims was sent to the Defendants by content-certified mail, it did not reach the Defendants. On March 11, 2016, the said notice of assignment of claims was sent again by content-certified mail and delivered to the Defendants on March 14, 2016.

C. On the other hand, on August 26, 2015, C filed a complaint against Defendant A for fraud.

On December 17, 2015, Defendant A agreed to pay KRW 25 million by March 20, 2016 with respect to the instant loan, and paid KRW 15 million on the same day, and paid KRW 10 million on March 25, 2016.

Grounds for recognition: Gap-4, 7, 9, Eul-1, 3, 4, and 6 (including the number of each branch office), the inquiry results of the fact-finding into the branch office of the Suwon District Prosecutors' Office of this Court, and the whole purport of arguments.

2. Determination

A. The Plaintiff’s assertion that the Plaintiff acquired C’s claim against the Defendants. As such, the Defendants are jointly and severally liable to pay the Plaintiff the acquisition amount of KRW 10 million and the damages for delay.

B. According to the above facts of recognition as to whether Defendant B is liable to pay the instant loan, Defendant A is liable for KRW 20 million from C on June 26, 2015.