1. The Defendants are jointly and severally liable to the Plaintiff for the amounting to KRW 82,00,000 and the amount shall be from May 10, 2019 to October 15, 2019.

1. Facts of recognition;

A. The Plaintiff and the Defendants prepared the following loan certificate (hereinafter “instant loan certificate”).

The debtor B, etc., who borrowed KRW 160,000,000 from the previous creditor but borrowed KRW 200,000 to pay only KRW 160,000 in the future, taking into account the principal and interest which have been repaid between them, shall prepare the amount as a loan certificate.

The above 160,000,000 won shall be paid only as principal, with interest-free interest, and the principal shall be paid in installments in 1,50,000 won per month.

Provided, That in case of selling D buildings, I will pay the remaining principal in lump sum.

July 1, 2016, B, C, and creditors A

B. After the issuance of the instant loan certificate, KRW 1,50,000 in Defendant C’s name on July 29, 2016, and KRW 1,500,000 each month in Defendant B’s name from August 29, 2016 to February 28, 2019, respectively deposited into the Plaintiff’s account.

C. The Defendants own 1/2 shares each of the D buildings registered in the instant loan certificate, “Yansan-gu E 4-story detached housing”.

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

2. Determination

A. In determining the cause of the claim, first of all, we examine whether Defendant C prepared and delivered the instant loan certificate to the Plaintiff, and whether Defendant C provided simple guarantee to Defendant B’s obligation for the loan borrowed to the Plaintiff or joint and several sureties.

A joint and several surety under the Civil Act is established under a contract of guarantee between the obligee and the surety to the effect that the guarantor shall jointly and severally repay the obligation with the principal obligor. Such a special agreement is not necessarily required to be written or explicitly, but it is sufficient to acknowledge that the said agreement had an intent of joint and several surety by comprehensively considering the motive and background of the agreement, the purpose to be achieved by the agreement

As seen earlier, the evidence presented in the instant case can be recognized.