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

Defendant A, fishery partnership corporation, and B are jointly and severally liable for damages to the Plaintiff.

1. Basic facts

A. On August 25, 2009, the Plaintiff loaned KRW 100 million of the facility fund to Defendant A Fisheries Partnership (hereinafter “Defendant Corporation”) under the conditions stipulated in Article 9 of the instant Ordinance (in two-yearly installments, interest rate of 2% per annum, and interest rate of 10% per annum for five years after a three-year grace period) based on the “Ordinance on the Operation and Management of the Residents’ Income Support Fund of Jindo-gun” (hereinafter “instant Ordinance”). At that time, the Defendant Corporation agreed to immediately repay the principal and interest at the request of the Plaintiff even before the agreed repayment date if the said conditions were violated.

B. The co-defendant F and the defendant B and the first instance trial co-defendant D were the auditors of the defendant corporation, and at the time the defendant corporation borrowed 100 million won of the above facility fund from the plaintiff, they jointly and severally guaranteed the debt of the defendant corporation to the plaintiff.

C. According to the terms and conditions of facility loan between the Plaintiff and the Defendant corporation, the Defendant corporation did not pay the interest amounting to KRW 706,840 from August 25, 2009 to December 31, 2009, which was the date of loan, on December 31, 2009.

Afterward, the Defendant Corporation repaid only KRW 706,840 to the Plaintiff on June 1, 2010.

On December 24, 2018, G substantially establishing and operating a defendant corporation deposited KRW 100 million as the name of repayment of the above loan obligation against the Plaintiff of the defendant corporation by taking the deposited person as the Plaintiff as the account holder for the repayment of the above loan (hereinafter “the first deposit”), and the Plaintiff received the said deposit on January 23, 2019 and appropriated it for the repayment of the above loan obligation.

E. In addition, on December 13, 2019, while the appellate trial continued, the said G deposited the deposited amount as KRW 50 million in the name of repayment of the above loan obligation against the Plaintiff of the Defendant corporation as the Plaintiff at the Gwangju District Court Branch Branch Decision No. 2078 in 2019 (hereinafter “the second deposit”), and the Plaintiff received the said deposit on January 22, 2020 and appropriated it for the repayment of the said loan obligation.

F. On the other hand, F is on the other hand, 2017.