1. Revocation of a judgment of the first instance;

2. All plaintiffs' claims are dismissed.

3. The plaintiffs' total costs of litigation.

1. Basic facts

A. The defendant was a merchant who runs credit business from December 21, 2004 to December 31, 2009 with the trade name of E.

B. On August 16, 2006, Plaintiff A borrowed KRW 300 million from the Defendant on August 21, 2006 by setting the due date for repayment as August 21, 2006, and agreed to pay damages for delay calculated at the rate of 48% per annum after the due date.

C. On August 21, 2006, Plaintiff A drafted a notarial deed on money consumption loan agreement (No. 1041, 2006, No. 1041, 2006, and hereinafter “instant notarial deed”) containing the content that the Defendant would pay 400 million won including the above loans of KRW 300 million and the damages for delay thereof by August 28, 2006.

The above notarial deed includes a joint and several guarantee of the debt of this case by Plaintiff B and C to the Defendant.

Plaintiff

On April 17, 2008, A agreed to borrow additional KRW 200 million from H as the Defendant’s principal debtor, and on the same day, A paid the total of KRW 200 million and KRW 800 million, including the above KRW 300 million and the damages for delay that Plaintiff A borrowed from the Defendant, as the principal debtor, by July 16, 2008, and the Plaintiff A and his spouse J made a notarial deed under a monetary loan agreement (No. 667, 2008, a notary public of this case’s "notarial deed of April 17, 2008").

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 (the plaintiff did not delegate the preparation of the notarial deed of this case to the defendant, but there is no evidence to prove that the defendant forged his power of attorney in his name and prepared the notarial deed of this case by using it.), Gap evidence Nos. 10, Gap evidence Nos. 19-1, 2, 19-2, 1 and 2.