1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

3. The judgment of the court of first instance is ordered.

According to Gap evidence No. 1 of the judgment as to the cause of the claim, the defendants acknowledged that "the defendant C and non-party D jointly take over the debt 200 million won against the plaintiff of the defendant Eul (hereinafter "the agreement of this case") between the plaintiff on February 8, 2017, and the plaintiff received KRW 80 million from the defendants. Thus, barring any special circumstance, the defendants are jointly and severally liable to pay to the plaintiff 120 million won (=20 million won - 80 million won) and damages for delay calculated by the plaintiff within the scope of damages for delay within the scope of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 21, 2019 to August 22, 2019 to the defendant B, who is the next day after the copy of the claim of this case and the written application for change of cause sought by the plaintiff.

The Defendants asserted as to the Defendants’ assertion that, in Defendant B’s fraud case (Tgu District Court 2017Da1657) against the Plaintiff, the amount of damage was KRW 150 million, and thus, the amount of damage was deducted KRW 80 million already paid. However, the Plaintiff’s claim cause is based on the instant agreement, and the Plaintiff’s claim cause is based on the instant agreement, and thus, the Plaintiff’s claim cannot be deemed as KRW 150,000,000, which is the amount of damage to the fraudulent case, and there is no counter-proof otherwise.

Therefore, the above assertion by the defendants is without merit.

The defendants asserted that the agreement of this case was concluded on the condition of preparing a criminal case agreement, and that the condition was not fulfilled, but there is no evidence to prove that the agreement of this case is subject to the formation of the agreement. Thus, the defendants' above assertion is without merit.

Thus, the plaintiff's claim against the defendants should be accepted on the ground of the reasons.

The judgment of the court of first instance is just in conclusion, and the defendants' appeal is dismissed as it is without merit, but the plaintiff's appeal is dismissed.