1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

The defendants are the defendants.

Basic Facts

Pursuant to Article 520-2(1) of the Commercial Act, Defendant C was a person who actually operated by E Co., Ltd. (hereinafter referred to as “E”), which was dissolved as a dormant company on December 3, 2012, and Defendant B was a person who served as a managing director from July 2005 to May 2009.

On May 15, 2007, Defendant B deposited two cashier’s checks of KRW 100 million at the face value and KRW 30 million at its own account, which was delivered by the Plaintiff from the Plaintiff. On October 6, 2008, the Plaintiff transferred KRW 15 million to the Defendant B’s account.

On May 28, 2007, the Plaintiff entered into a mortgage agreement with Defendant B with the “debtor-mortgager” as the Defendant B, and on the same day, the Plaintiff was established with regard to F apartment 1429 Dong 503, Yangcheon-gu Seoul, Yangcheon-gu, Seoul, with the maximum debt amount of KRW 130 million.

From June 2007 to September 2007, Defendant B deposited KRW 1,625,00 each month in the Plaintiff’s account; KRW 1,800,000 each month from October 2007 to July 2008; and KRW 2,00,00 each month from August 2008 to November 2008.

[Ground of recognition] The debtor of each of the above loans lent by the plaintiff's assertion of the purport of the whole pleadings by issuing cashier's checks or remitting, Gap's 1, 2, 3, 6, 10, 13 (including a serial number; hereinafter the same shall apply), Eul's statement of evidence No. 1, Eul's statement of evidence No. 1, and Eul's assertion of the purport of the whole pleadings is the defendants

On May 15, 2007, at the time of lending KRW 130 million, the Defendants agreed to pay interest of KRW 1.25% per month ( KRW 1,625,000 per month) from October 2007, but they again agreed to pay interest of KRW 1,80,000 per month from August 2008 and KRW 2,000 per month from August 2008.

The Defendants are jointly and severally liable to pay to the Plaintiff the amount stated in the purport of the claim, excluding the interest already paid, since there was an implied agreement to pay interest of 18.45% per annum on October 6, 2008 with respect to the additional loans of 15 million won.

Each of the claims by the Defendants are asserted by the Plaintiff.