All appeals by the defendants are dismissed.

The costs of appeal shall be borne by the Defendants.

Purport of claim and appeal

1...

Facts of recognition

A. On November 11, 2015, a loan certificate as shown in the attached Form (Evidence A 1) was drawn up.

B. On November 11, 2015, from the financial account (stock company D) in the Plaintiff’s name, KRW 30 million (hereinafter “instant money”) was remitted to Defendant B.

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 and 2 (including number ; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent the instant money to Defendant B, and Defendant C jointly and severally guaranteed the obligation to return the instant money to the Plaintiff, and the Defendants are jointly and severally liable to pay the said money to the Plaintiff and the damages for delay.

B. Defendant B’s assertion 1) The other party who borrowed the instant money and jointly guaranteed the obligation to return the borrowed money by Defendant C is not an individual of the Plaintiff but an E Co., Ltd. with the representative director of the Plaintiff (hereinafter “instant company”).

As such, the Defendants did not have the obligation to return the instant money to the Plaintiff. (2) Defendant B agreed to set off the monthly high-quality maintenance and successful performance compensation claims to be paid by the instant company pursuant to the consulting contract (hereinafter “instant consulting contract”) between the Plaintiff and the instant company under paragraph (3) below (hereinafter “instant consulting contract”).

3. In relation to the instant consulting agreement, Defendant B has a damage claim based on a tort under Article 750 of the Civil Act or a damage claim under Article 401 of the Commercial Act against the Plaintiff. Therefore, if the said claim and the Plaintiff’s claim against Defendant B are offset against the amount equal, the loans that the Defendants have to pay to the Plaintiff do not remain.

3. Determination as to the cause of action

(a) the determination of the parties to the relevant legal doctrine doctrine;