1. The part against Defendant C in the judgment of the first instance is revoked, and the Plaintiff’s claim against Defendant C is dismissed.

2...

1. The plaintiff's assertion

A. D, the actual president of F Co., Ltd. (hereinafter “F”), provided a promissory note with a face value of KRW 15,000,000,000, which is expected to be defaulted, as collateral, and deceiving the Plaintiff to lend money, thereby deceiving the Plaintiff, which was paid KRW 14,40,000 from the Plaintiff on February 28, 2008. Defendant B, the representative director of F, was actively involved in the act of fraud of D such as the actual issuance of the said Promissory note, and committed tort against the Plaintiff.

B. When concluding a lease contract on a restaurant that he leased and operated in order to avoid the compulsory execution of the Plaintiff, the obligee, after the aforementioned illegal act, Defendant B concealed the lessee’s name in the name of Defendant C, and the name of the business operator of the said restaurant was registered in the name of Defendant C by means of registration under the name of Defendant C. The Defendant C assisted the act of evading the compulsory execution of Defendant B by granting the lease contract and business registration under his name.

C. The above Defendants’ act constitutes a joint tort against the Plaintiff. The Defendants are liable to pay the Plaintiff KRW 14,400,000 paid to D as compensation for damages, and its delay damages.

2. Determination

A. In full view of the overall purport of the pleadings as to the claims against Defendant B, as indicated in the evidence No. 1, No. 1, No. 5-2, and No. 16, as a whole, D and Defendant B are the representative director of F, Defendant D and Defendant B are the representative director of F, Defendant D are the person who actually operated F with Defendant B, Defendant D ordered Defendant B, the representative director of F, to issue a promissory note to Defendant B, and Defendant B, as a result, instructed Defendant B to issue a promissory note to the issuer on February 28, 2008: FF representative director B, No. 15 million won, issuance date: February 28, 2008; and the date of payment: March 28, 2008; the date of payment; and the place of payment: The National Agricultural Cooperative Federation.