Defendant B shall pay 40,250,000 won to the Plaintiff and 12% per annum from May 15, 2020 to the day of complete payment.

1. Determination as to Defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. Determination as to Defendant C

A. The Plaintiff’s assertion is upon Defendant B’s request and 2018

2. From July 4 to January 4, 2019, a total of KRW 73.1 million was lent.

However, Defendant C can be deemed to bear joint and several obligations by providing Defendant C with an account under his name in transaction with the Plaintiff.

In addition, according to the Electronic Financial Transactions Act, anyone should not transfer the means of access to another person. Defendant C caused damage to the Plaintiff by using his account for a long time to Defendant C, which constitutes a tort against the Plaintiff. Defendant C asserts that the Plaintiff has a duty to compensate for the amount of KRW 40250,000 which the Plaintiff did not receive from Defendant B and damages for delay.

B. 1) Determination on the joint and several liability claim: (a) even if the Plaintiff engaged in monetary transactions with Defendant B by means of the account in the name of Defendant C, such circumstance alone is insufficient to recognize that Defendant C jointly and severally guaranteed the Plaintiff’s obligation to the Plaintiff; and (b) there is no other evidence to acknowledge this otherwise. Therefore, this part of the Plaintiff’s assertion is without merit. 2) Even if following the Plaintiff’s assertion, insofar as Defendant B’s lending of money from the Plaintiff does not constitute tort beyond mere nonperformance of obligation, as long as Defendant B’s lending of money from the Plaintiff does not constitute tort, it cannot be said that there is a proximate causal relationship between the Plaintiff’s damage and the Plaintiff’s damage.

Therefore, the plaintiff's assertion on this part is without merit.

C. Therefore, the plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.