The Defendants jointly and severally agreed on KRW 50 million to the Plaintiff, and 5% per annum from May 1, 2013 to March 25, 2020.

1. The allegations and judgment of the parties

A. (1) Determination as to the cause of the claim 1) The Plaintiff remitted to Defendant B the total of KRW 170 million from December 27, 2012 to January 4, 2013. Defendant B is a debtor; Defendant C prepared a certificate of loan with the purport that he/she would repay this money to April 30, 2013 as a joint and several surety; however, the Defendants paid only KRW 120 million to the Plaintiff by April 30, 2013, without dispute between the parties, or by taking full account of the overall purport of the pleadings as to Gap evidence No. 1, 2, and 4. Accordingly, the Defendants jointly and severally liable to the Plaintiff for the remainder of KRW 50 million and delay damages from May 1, 2013 to the date of delivery of the copy of the complaint of this case by 205% per annum 25% per annum as the Plaintiff seeks from May 1, 2013 to the date of delivery of the copy of the complaint of this case.

B. As to the determination on Defendant B’s assertion, Defendant B alleged that the instant monetary amount is not a loan, and thus, Defendant B did not have a duty to return it. However, as long as the Defendants drafted a loan certificate and promised to return it, the aforementioned assertion is not acceptable.

2. For this reason, the Plaintiff’s claim of this case is accepted in entirety and it is so decided as per Disposition.