1. Of the judgment of the court of first instance, the part against Defendant B, which exceeds the following amount ordered to be paid, shall be revoked.

1. Basic facts

A. The Plaintiff is a person who conducts clothes design, pattern pattern manufacturing, etc. under the trade name of “D”.

Defendant C is the husband of Defendant C, who completed business registration with the trade name “E” around May 13, 2013, and Defendant C is the husband of Defendant C.

B. On December 4, 2014, the Plaintiff transferred KRW 28,000,00 to a new bank account under E’s name.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The parties' assertion

A. On December 4, 2014, the Plaintiff leased KRW 28,00,00 to the Defendants for operational purposes, such as purchase of leathers operated by the Defendants together (hereinafter “instant loan”). The Defendants repaid KRW 15,018,182 in total from March 31, 2016 to September 15, 2017, KRW 15,000 on March 31, 2016; KRW 00,000 in principal and KRW 00,000 on May 9, 2016; KRW 00,000 on June 8, 2016; KRW 1,000,000 on KRW 1,00,000 on December 3, 16, 2016; KRW 10,000,000 on KRW 10,000 on December 16, 2017; KRW 10,005,00. 107

Therefore, the Defendants, as joint borrowers of the instant loan, are jointly obligated to pay to the Plaintiff the remainder of the principal of the instant loan and damages for delay.

In addition, Defendant C had Defendant C operate E in his name, and the Plaintiff misleads Defendant C as a business operator and lends the instant loan. As such, Defendant C is jointly and severally liable with Defendant B for the instant loan.

B. A person who borrowed the instant loan from the Defendants is Defendant B, and Defendant C did not borrow money from the Plaintiff.

In addition, from January 15, 2015 to December 30, 2017, Defendant B paid a total of KRW 39,765,582 to the Plaintiff, and paid KRW 440,000 with the credit card in the name of the Defendant C on June 19, 2017.

3. Determination as to the claim against Defendant C

A. The instant case is an account of E in which the Plaintiff completed business registration under the name of Defendant C, whether Defendant C and Defendant B are joint borrowers.