1.The judgment of the first instance shall be modified as follows:

The defendants are jointly and severally liable to the plaintiff for 85,00,000 won and 55.

1. Basic facts

A. Defendant B, while running a restaurant with the wife Defendant C, borrowed KRW 400 million from the Plaintiff at an interest rate of 3% per month in 1995 in order to raise funds for its operation.

B. Around November 1998, the Plaintiff transferred KRW 200 million among the loan claims against Defendant B to another person, and reduced the remaining loan claims of KRW 200 million to KRW 30 million, and reduced the interest rate of KRW 170 million to KRW 20 million per month. Around that time, the Plaintiff paid KRW 150 million from around that time until July 2001.

C. Around November 2009, Defendant B commenced the business of a new restaurant with Defendant C, with its operating funds, etc., the amount of KRW 20 million on January 26, 2010 and KRW 15 million on November 23, 2010 were set at the interest rate of 2% per month, respectively.

On November 23, 2010, Defendant B prepared a certificate of loan (No. 1, 201; hereinafter “the certificate of loan in this case”) stating that “the Defendant borrowed KRW 85 million from the Plaintiff on April 23, 201, with the due date specified by the Plaintiff as of April 23, 2011,” and “debtor” affixed the Defendant C’s seal imprint on the right side of the Defendant C’s name, and then delivered it to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1, 4, and 5-1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiff's assertion 1) on November 23, 2010, the defendant Eul borrowed 15 million won from the plaintiff, and agreed to fully repay 40 million won of the outstanding loan and 30 million won of the loan that was reduced on November 1, 1998. In addition, the defendant Eul borrowed money from the plaintiff in order to raise operating funds for restaurants operated jointly with the defendant Eul, the wife, and the defendant Eul entrusted the defendant Eul with the right to transfer and jointly bears the responsibility for the loan. Accordingly, the defendant Eul also borrowed 85 million won in total with the plaintiff (=40 million won) under Article 57 (1) of the Commercial Act, jointly and severally with the defendant Eul (=40 million won).