1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

1. On February 26, 2016, the Plaintiff leased KRW 3 million to Defendant B (hereinafter “instant loan”) on the basis of the determination of the cause of the claim, and the fact that Defendant C guaranteed Defendant C’s obligation to borrow money does not conflict between the parties.

On the other hand, since the plaintiff did not make a special argument as to the repayment period of the above loan, while the defendants were two years (24 months) of the lending period, it is reasonable to view that the damages for delay occurred from February 27, 2018, the following day of the payment period.

Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay 3 million won and damages for delay calculated from February 27, 2018 to the Plaintiff.

2. Judgment on the defense of performance

A. The Defendants’ assertion 1) agreed to repay the instant loan in installments from time to time by the borrowing deadline. Defendant D agreed to pay KRW 500,000 won on August 15, 2016, ② September 5, 2016 (Provided, That the Plaintiff’s transfer to E’s account), ③ KRW 300,000 won on September 30, 2017, ④ KRW 1.6 million on November 7, 2017, and Defendant C repaid KRW 1.4 million on November 22, 2017. Since the instant loan was repaid in full, it is true that the Plaintiff’s claim against the Defendants was without merit.

However, only 1.4 million won remitted by Defendant C on November 22, 2017 was remitted as repayment of the instant loan. The amount of KRW 1.6 million remitted by Defendant B prior to July 8, 2016 is only five million loan lent by the Plaintiff to Defendant B on July 8, 2016, and is irrelevant to the instant loan as of February 26, 2016.

B. Even after the Plaintiff lent KRW 3 million to Defendant B, the fact that the Plaintiff additionally lent KRW 1.3 million on April 6, 2016, and KRW 2.5 million on July 8, 2016 is the Defendants. The Defendants are the Seoul Southern District Court regarding the loans extended on April 6, 2016.