1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 90 million and the Defendants B from December 18, 2017 to March 28, 2018.

1. Facts of recognition;

A. On October 17, 2017, the Plaintiff lent the instant loan amounting to Defendant B KRW 90 million (hereinafter “instant loan”) at the maturity of payment on December 17, 2017 and KRW 1 million with interest rate of KRW 1 million.

B. Defendant C jointly and severally guaranteed the instant loan obligations.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-1-3, Gap evidence 1-2-2, and the purport of the whole pleadings [the defendant denied the fact that he borrowed money from the plaintiff and jointly and severally guaranteed, but did not dispute the establishment of the authenticity of the loan certificate (Evidence A-1-1). If the document, such as the loan certificate, was duly established, and there is no clear and acceptable evidence to deny its contents, it should be recognized that there was a legal act as stated above (see, e.g., Supreme Court Decision 88Meu2169, Jun. 26, 190)]

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 90 million and the damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act, which the Plaintiff seeks, from December 18, 2017 following the due date to December 18, 2017 (Defendant B: Defendant C; Defendant C Co., Ltd. April 16, 2018); and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following date to the date of full payment.

B. (1) On December 23, 2017, the Plaintiff argued that the Defendants and Defendant B should complete construction works conducted in Kimcheon-si D in the instant loan amounting to KRW 45 million, and that the remainder should be claimed against E and F, a director of the Co., Ltd., who is a director of the Co., Ltd.

(2) According to the evidence No. 1, the judgment No. 1 states that the Plaintiff and the Defendants’ undertaking on December 23, 2017, “B shall repay 50% up to January 31, 2018,” and “the Plaintiff shall not be liable to B any more than 50% of the money.”

However, the following: