1. The defendants' appeal and the plaintiff's incidental appeal are all dismissed.

2. Costs by an appeal and incidental appeal.

1. Facts of recognition;

A. The plaintiff is a father of D, and the defendant B, a partner of D, is jointly operated by the defendant C and his husband.

B. On November 14, 2013, D remitted KRW 50 million to Defendant B, and on December 10, 2013, remitted KRW 10 million to the passbook in the name of Defendant B (E Company).

C. D’s death on January 8, 2014, and the Plaintiff, who is his father, succeeded to D’s property.

On June 16, 2016, before the filing of the instant lawsuit, the Plaintiff urged the Defendants to return the said loan.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion D lent KRW 50 million to the Defendants on November 14, 2013, and KRW 60 million on December 10, 2013, to the Defendants. As such, the Defendants are jointly and severally liable to pay the said loan and damages for delay to the Plaintiff, the heir of D.

B. Determination 1) Comprehensively taking account of the evidence as to KRW 50 million and the purport of the entire pleadings in Gap evidence No. 11, the following circumstances, namely, D, after transferring KRW 50 million to the head of the Tong under the name of defendant B (E company) on November 14, 2013, paid KRW 1 million to D. Defendant C, who appears as interest on December 14, 2013 after D’s death, paid KRW 161 million to the Plaintiff’s mother-child currency, and Defendant C, in light of the content of the loan and the purport of the loan, KRW 161 million,000,000,000 to be borrowed from the existing passbook around October 14, 2013, Defendant C borrowed KRW 30,000 from the head of the Tong on November 13, 2013 (No. 14,500,0000,000). The Defendants borrowed KRW 1301,50,013.