1. The Defendants are jointly and severally liable to the Plaintiff for KRW 35,00,000 and 5% per annum from June 19, 2019 to July 10, 2019.

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 2-1 and 2-2, the plaintiff loaned money to the defendants in the manner of depositing KRW 50,000,000 in the account number D account of a national bank account (B), which was deposited in the account of deposit account, by receiving a request from the defendant C, the representative director of the defendant Eul Co., Ltd. (hereinafter "the defendant Co., Ltd.") on January 8, 2016, upon receiving a request from the defendant C to lend money. The plaintiff filed a claim for the return of KRW 50,000,000 with the defendants by content-certified mail, and it is recognized that the above content-certified was delivered to the defendants on June 18, 2019, and the plaintiff stated that it was paid KRW 15,00,000 from the defendants, and that it would be appropriated for the principal.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 35,00,000 won and damages for delay calculated at each rate of 5% per annum prescribed by the Civil Act from June 19, 2019 to July 10, 2019, the delivery date of the original copy of the instant payment order, and 12% per annum prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

(1) The Plaintiff filed a claim for damages for delay calculated at the rate of 5% per annum under the Civil Act from January 9, 2016 to the service date of the original copy of the instant payment order, but there is no evidence to deem that the repayment period had been due for the instant loan. Thus, the instant loan is a debt with no fixed payment period, and thus, there is no evidence to prove that the Plaintiff filed a claim for the repayment of the loan with the Defendants before June 18, 2019, and thus, the Plaintiff’s claim is rejected. Accordingly, the Plaintiff’s claim is justified within the above recognition scope, and the remainder is dismissed as there is no ground for rejection.