1. The Defendants are jointly and severally liable to the Plaintiff for KRW 60 million and the Defendant limited liability company B with respect thereto from January 23, 2019 to January 2019.

1. Facts of recognition;

A. Defendant C has actually been subject to the punishment of D, the representative director of the Defendant Limited Company B (hereinafter “Defendant Company”), and the Defendant Company.

B. On April 13, 2009, the Plaintiff lent the amount of KRW 50 million to the Defendant Company that was acting by Defendant C under the joint and several guarantee of Defendant C, without setting the due date.

C. On March 21, 2011, under Defendant C’s joint and several sureties’s joint and several guarantee, Defendant C lent KRW 50 million to the Defendant Company without fixing the due date. On July 10, 2018, the Plaintiff acquired the above loan claims against the Defendants from E, and around that time, notified the Defendants of the fact.

Defendant C repaid to the Plaintiff KRW 40 million in total four times from July 26, 2018 to October 17, 2018.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 3 (including virtual number) and the purport of whole pleading

2. Determination

A. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the remaining loans of KRW 60 million and the Defendant Company with 15% per annum from January 23, 2019 to May 31, 2019, the following day after the delivery of a copy of the instant complaint, 12% per annum from the next day to the day of complete payment, and Defendant C is jointly and severally liable to pay damages for delay at the statutory rate of 12% per annum from October 25, 2019 to the day after the delivery of a copy of the instant complaint.

B. As to this, the Defendants asserted that the statute of limitations has expired, each of the above monetary loan agreements under the name of the Defendant Company, a merchant, should be deemed commercial acts for business purposes. However, it is apparent in the record that the Plaintiff’s lawsuit in this case was filed on January 10, 2019 after the lapse of five years from the date of occurrence of each of the above claims for which the maturity period has not been set. However, the Defendant C, a substantial representative of the Defendant Company and a joint and several surety for each of the above loans, is the Plaintiff.