1. Of the instant lawsuit, the part concerning the claim for the expenses of demand procedure shall be dismissed.

2. The Defendants are jointly and severally liable to the Plaintiff on 66,000.

1. As to the legitimacy of the part concerning the claim for the payment of the expenses for demand procedure, the Plaintiff sought payment of KRW 139,900 for the payment of the expenses for demand procedure in Daejeon District Court 2019Hu3753 case.

However, the cost of demanding procedure is part of the cost of lawsuit, and there is no benefit to seek reimbursement of the cost of lawsuit by way of the procedure for determining the amount of the cost of lawsuit under the provisions of the Costs of Civil Procedure Act after the judgment becomes final and conclusive (see, e.g., Supreme Court Decision 9Da68577, May 12, 2000). Of the instant lawsuit, there is no benefit to seek reimbursement of KRW 139,900 among the costs of demanding procedure in the instant lawsuit,

2. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 through 3 as to the cause of the claim, the Plaintiff leased KRW 66,00,000 to Defendant B around March 2, 201, and the Plaintiff filed a complaint against the said Defendant due to Defendant B’s failure to repay the instant loan. In the process of Defendant B’s criminal trial, Defendant C and D’s joint and several guarantee can be recognized as having been made on December 30, 2014 with the due date for payment of the instant loan. Thus, the Defendants are jointly and severally liable to pay the Plaintiff KRW 66,00,000 and damages for delay after the due date for payment.

3. Determination as to Defendant B’s defense of performance

A. Defendant B’s assertion that Defendant B paid the following money to the Plaintiff and repaid the said loan.

1) The Plaintiff paid KRW 10,00,000 to the lessor as a deposit for house lease, and the said Defendant paid KRW 25,40,000 to the Plaintiff and his father E from October 5, 201 to July 5, 2017.

3) From March 2, 2011 to April 9, 2011, the Defendant paid a total of KRW 2,434,000 to the Plaintiff. 4) Defendant B sent Defendant C a total of KRW 34,850,000 over ten occasions.

B. First of all, determination 1.