1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

1. Basic facts

A. From March 26, 2009 to July 31, 2015, the Defendants borrowed KRW 383,000,000 from the Plaintiff as business funds (hereinafter “the instant loan”). As indicated in the column for the principal borrowed in the attached monetary transaction statement, the Defendants borrowed KRW 383,00,000 from the Plaintiff (hereinafter “the instant loan”).

B. From April 25, 2009 to June 26, 2017, the Defendants repaid a total of KRW 191,00,000,00 as stated in the column for the principal repayment of the attached monetary transaction statement as principal, and paid a total of KRW 144,634,160 (hereinafter “interest-based payment”) as stated in the table for the repayment of interest under the said table as interest.

C. Since then, Defendant C repaid to the Plaintiff KRW 40,00,000 on February 26, 2018, and KRW 40,000,00 on April 16, 2018 as principal, and Defendant B Co., Ltd (hereinafter “Defendant Company”) repaid KRW 87,197,17,176 on May 8, 2019, which was after the judgment of the first instance, to the Plaintiff.

Defendant C is the representative director of the Defendant Company, and the relationship between the Plaintiff and the Plaintiff.

【Ground of recognition】 The fact that there has been no dispute, Gap 2, 8, 9, 12 (including branch numbers; hereinafter the same shall apply), Eul 1 through 4, 8, 9, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent the Defendant Company’s total amount of KRW 383,00,000 to the Defendants. The Defendants received interest as the Defendants paid, and agreed to be paid KRW 1,098,000 per month in the remaining status of KRW 192,00,000 per annum on January 2017, and thereafter, the Defendant paid KRW 80,000 per annum in addition to the principal amount.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 12,00,000 (i.e., KRW 192,000,000 - KRW 80,000) and 6% damages for delay within the scope of the above agreement.

However, as the Defendant paid additional KRW 87,197,176 on May 8, 2019, the Defendant is obligated to pay the Plaintiff damages for delay from May 9, 2019, when 37,672,083 won and its principal are appropriated in the order of the interest and principal up to that time.