1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and the interest rate thereon from November 21, 2014 to the date of full payment.

1. Facts of recognition;

A. D was asked to lend KRW 40 million to the Defendant Company, the representative director of the Defendant Company B (hereinafter “Defendant Company”) to the Defendant Company seeking to implement the remodeling project for the F apartment commercial building in Chuncheon City (hereinafter “instant construction”). However, the electric utility charges cannot commence due to the smuggling on the commercial building, which received a request to lend KRW 40 million.

B. Around April 2, 2013, D explained such circumstances to the Plaintiff, who is engaged in the construction business under the name of “G”, and borrowed a total of KRW 50 million including the electricity charge of KRW 40 million from the Plaintiff during the instant construction project from the performance guarantee contract for the order of the removal construction project during the instant construction project. Around April 2, 2013, D borrowed a total of KRW 40 million from the Plaintiff, including the electricity charge of KRW 40 million, until April 22, 2013, and the Defendant C, as the senior managing director of the Defendant Company, who was engaged in the overall business on behalf of the Defendant Company, drafted a loan certificate (No. 2) in the name of the Defendant Company and its own personal name.

C. However, when the Plaintiff was unable to receive a contract for the removal work during the instant construction due to the circumstances such as binding D on other fraudulent cases, H, the Plaintiff’s husband, was found to have leased KRW 40 million from D to D as the performance guarantee amount for the Plaintiff to conclude a contract for the removal work during the instant construction, and the Defendant C borrowed KRW 40 million from D in the future of the Plaintiff. The Defendant C borrowed the performance guarantee amount of KRW 40 million on the condition of giving the contract for the removal work among the instant construction works. The Defendant Company, on behalf of the Defendant Company, prepared a loan certificate (No. 3; hereinafter “the loan certificate of this case”).

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, 5, 7, 5, and 7.