1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

1. Determination as to the cause of claim

A. Comprehensively taking account of the written evidence Nos. 1 and 7, and the overall purport of testimony and arguments by the witness D of the party trial, Defendant B made on December 20, 2016 a payment note with the amount of KRW 15 million to the Plaintiff up to December 23, 2016, and damages for delay shall be paid up to 22% per annum (hereinafter “instant payment note”), and Defendant C, the husband of Defendant B, has jointly and severally guaranteed the Defendant B’s above obligation, and the Plaintiff received KRW 6 million from the Defendants on December 23, 2016.

According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the remainder of nine million won which has not been repaid out of the agreed amount under the instant payment note, and the damages for delay calculated at the rate of 22% per annum from December 24, 2016 to the date of full payment, which is the day following the due date.

(2) The Defendant’s assertion that the Defendant’s assertion of payment in this case actually promised to pay wages to the Plaintiff, and that the Defendants cannot comply with the Plaintiff’s claim since they were not the Plaintiff’s employer. However, the Plaintiff’s claim in this case cannot be deemed as a claim for the agreed amount under the instant payment note, and thus, the Defendants’ assertion that differs from this premise cannot be accepted).

As to this, Defendant C is Defendant B who prepared the instant letter of payment, and it asserts that it did not have any joint and several liability for Defendant B’s obligations under the instant letter of payment.

The fact that Defendant B directly prepared the letter of payment in this case, including the joint and several surety part of Defendant C, does not conflict between the parties.

However, the following circumstances are revealed by comprehensively taking account of the overall purport of the arguments as seen earlier, and ① Defendant C from around 2016 to the Corporation (hereinafter “instant construction”) hereinafter “Large Comprehensive Mining Construction Co., Ltd.