1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and the Plaintiff’s revocation part shall be the Defendants.

1. Basic facts

A. The Plaintiff and Defendant C married on May 31, 2007.

The Defendants engaged in packaging business in the name of “D” before the marriage between the Plaintiff and Defendant C.

B. On April 4, 2007, the Plaintiff remitted KRW 8.83 million to the account of Defendant B, and transferred KRW 9 million to Defendant B’s account on April 18, 2007, KRW 6 million on April 30, 2007, and KRW 7 million on May 14, 2007, respectively, and remitted KRW 13 million to Defendant C’s account.

C. Defendant B remitted KRW 18 million to Defendant C’s account on June 5, 2007; KRW 120,000 on July 9, 2007 to the Plaintiff’s account; KRW 50,000 on August 14, 2007; KRW 120,000 on September 12, 207; KRW 200,000 on November 1, 2007; KRW 990,00 on December 17, 2007; and KRW 230,00 on January 7, 2008, respectively.

On February 21, 2012, the Plaintiff filed a lawsuit, including divorce, against Defendant C (Ulsan District Court 2012du1511, Ulsan District Court 2014Ma824, Supreme Court 2016Meu1258), and the said lawsuit became final and conclusive on July 18, 2016, including “the Plaintiff and the Defendant shall be divorced.”

[Ground of recognition] Facts without dispute, significant facts in the party court, evidence No. 2-1 through 4, evidence No. 3-1, 5, 11-1, evidence No. 2-3, evidence No. 6-1, 3 through 6, 8, 10, 11, and 16, and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff, on April 4, 2007, lent to the Defendants a total of KRW 8.83 million, KRW 9 million on April 18, 2007, KRW 15 million on April 20, 2007, KRW 6 million on April 30, 2007, KRW 7 million on May 14, 2007, and KRW 6083 million on May 14, 2007, KRW 20% on the interest rate, and KRW 3 million on June 30, 2007 (the Defendant is a joint or several surety).

(2) On May 14, 2007, the Plaintiff additionally lent KRW 20 million to Defendant C.

B. The Defendants’ assertion 1) The amount borrowed by Defendant B from the Plaintiff is KRW 9 million on April 18, 2007, KRW 6 million on April 30, 2007, KRW 22 million on May 14, 2007, and KRW 9 million on April 18, 2007, KRW 60 million on April 30, 2007, and Defendant C jointly and severally and severally guaranteed the amount of KRW 6 million on April 30, 2007, KRW 9 million on April 18, 2007, and KRW 6 million on April 30, 2007, and KRW 2 million on April 18, 2007, respectively.