1. The Defendants are jointly and severally liable to the Plaintiff KRW 50,000,000 and the Defendants A with respect thereto from March 25, 2017; and Defendant B from March 25, 2017.

1. Facts of recognition;

A. On June 24, 2015, Defendant B ordered the Plaintiff to complete the construction of the DNA apartment construction project (hereinafter “instant construction project”) among the completed construction works, which is expected to be constructed in the Gandong-gun C Group, and in return, paid KRW 50 million from the Plaintiff.

B. On the same day, Defendant B prepared and delivered a cash storage certificate stating that “The Plaintiff received KRW 50 million from the Plaintiff before concluding the said new construction project and the said construction project contract, which is the contractor of the said new construction project, and the Defendant A guaranteed the Plaintiff’s liability with the cash storage certificate issued by Defendant B.

C. On June 25, 2015, the Plaintiff transferred KRW 50 million to Defendant B. D.

Meanwhile, on May 8, 2015, a contract agreement for the finished work among the construction of the said D apartment as stated in the contractor F is prepared, respectively, for a corporation which is a contractor E (hereinafter referred to as “stock company”), and for the instant construction to which the F and the Plaintiff are the parties to the contract.

E. However, the instant construction project does not run entirely at the time of the completion of the instant pleadings, for which approximately two years and five months have passed since the date on which the said cash storage certificate was prepared.

[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, purport of the whole pleadings

2. Determination

A. According to the above facts as to the claim for return of KRW 50 million, the defendant Eul decided to return the above KRW 50 million in case where the construction of this case cannot be ordered to the plaintiff, and the defendant Eul guaranteed the defendant Eul's obligation to return the above KRW 50 million in case where the construction of this case is not ordered to the plaintiff.

However, since the Defendants voluntarily acknowledged that the number of the instant construction works was virtually nonexistent due to the delay in the construction of the said D Apartment, the Defendants jointly and severally seek the said KRW 50 million against the Plaintiff and the said KRW.