1. The Defendants are jointly and severally liable to the Plaintiff for KRW 44,200,00 and 5% per annum from April 23, 2015 to December 17, 2018.

1. Basic facts

A. On February 28, 2012, the Plaintiff entered into a construction contract with D Co., Ltd. (hereinafter “D”) for the construction of a ground-based E-based plant and office building in Ulsan-gu, Ulsan-gu (hereinafter “instant construction”) with the construction cost of KRW 2,059,860,000.

B. On August 1, 2012, F Co., Ltd. (hereinafter “F”) entered into a subcontract with D and the instant construction cost of KRW 129,800,000 for tin works among the instant construction works.

C. On April 22, 2013, Defendant B, the actual representative of F, drafted a loan certificate stating that the Plaintiff borrowed KRW 44.2 million from the Plaintiff and repaid the said amount by April 22, 2015 (hereinafter “the loan certificate”). Defendant C signed and sealed the loan certificate in this case as a joint guarantor.

On the other hand, on April 23, 2013, the Plaintiff remitted KRW 44.2 million to Defendant B, and on the same day, on the second floor H of the Ulsan-gu G building owned by Defendant B, the Plaintiff registered cancellation on the ground of termination on January 7, 2015.

E. D filed a lawsuit against the Plaintiff for the claim for construction cost against the U.S. District Court 2013Gahap8812, but lost the Plaintiff, and on January 18, 2017, the appeal and dismissal of the final appeal became final and conclusive on January 18, 2017.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, each entry of Eul 1 to 4, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff lent money on the loan certificate of this case to Defendant B, and Defendant C jointly and severally guaranteed the above loan debt, so the Defendants are jointly and severally liable to pay the amount claimed to the Plaintiff.

B. The Defendant’s loan certificate of this case was paid directly to Defendant B, the subordinate beneficiary, and was only prepared according to the Plaintiff’s needs in preparation for the lawsuit with D. Thus, the loan certificate of this case is based on the Plaintiff’s loan certificate of this case.