1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 23, 2003, the Plaintiff lent KRW 25,000,00 to Defendant B, and Defendant C and D jointly and severally guaranteed the above loan obligation.

B. In relation to the above loan, the Plaintiff borrowed 2.5 million won from the Defendants, and received a certificate of borrowing that Defendant C and D are jointly and severally liable for the above loan.

[Ground for recognition] Unsatisfy, Gap evidence 1

2. The assertion and judgment

A. As long as the Defendants recognized the authenticity of the above loan certificate as to the cause of the claim, and as long as the authenticity of the disposal document is recognized, the court shall recognize the existence and content of the declaration of intent as stated therein, unless there is any clear and acceptable counter-proof that denies the contents of the statement (see, e.g., Supreme Court Decision 2006Da67602, 67619, Jul. 9, 2009). Under the above recognition, the Defendants are jointly and severally liable to pay 25 million won and damages for delay to the Plaintiff, barring any special circumstances.

B. The Defendants’ assertion as to the assertion by the Defendants are ① that the above loan was paid in advance by Defendant B to the entertainment establishments in Incheon on the condition of prostitution, etc., and thus, the Plaintiff cannot claim the return of the above loan as illegal consideration, and ② The above loan claim was extinguished by the statute of limitations.

In light of the foregoing, it is not sufficient to acknowledge that the above loan constitutes illegal consideration on the sole basis of the Defendant’s assertion as to whether the above loan constitutes illegal consideration, and there is no other evidence to acknowledge that the loan constitutes illegal consideration, and the above assertion by the Defendants is without merit.

Next, regarding the defense of extinctive prescription, a claim arising from an act that constitutes a commercial activity as well as a claim arising from an act that constitutes a commercial activity against both parties as well as a claim arising from a commercial activity.