A. While promoting real estate transactions with C Co., Ltd. (hereinafter “C”), the Plaintiff agreed to cancel the existing contract and return KRW 100 million paid to C by December 31, 2015.

B. According to the above agreement, C returned on January 11, 2016 the Plaintiff KRW 30 million out of the above KRW 100 million.

C. The Plaintiff continued to urge the remainder of KRW 70 million, and on May 2, 2016, the Defendant drafted a loan certificate stating that “the Defendant borrowed KRW 70 million from the Plaintiff at the interest rate of KRW 700,000 per month from May 1, 2016 to December 31, 2016” (Evidence 1; hereinafter “the loan certificate of this case”).

After that, from June 2, 2016 to August 2, 2017, the representative director D paid the Plaintiff KRW 700,000 per month as interest for the above KRW 70,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. In light of the following circumstances acknowledged in full view of the facts admitted as above and the purport of the entire arguments, namely, the Plaintiff’s urging was repeated, and the Defendant prepared the instant loan certificate to the Plaintiff; the Defendant and C are similar to each other; the Defendant and C are highly related to the corporation’s personal composition; and the Defendant’s representative director paid the Plaintiff the amount as interest in accordance with the agreement on the instant loan certificate for a considerable period of time, it is reasonable to view that the Defendant jointly and severally guaranteed the Plaintiff’s obligation to return KRW 70 million to the Plaintiff through the agreement on the loan certificate.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from August 8, 2017 to the day of full payment, which is the day following the delivery of the original copy of the complaint (payment order) of this case, as sought by the Plaintiff.

3. Conclusion.