1. Defendant C’s KRW 38,024,865 as well as 5% per annum from August 24, 2017 to March 23, 2018, respectively, to the Plaintiff.

1. The parties' assertion

A. On October 2016, the Plaintiff asserted that the Plaintiff transferred the instant restaurant “E” restaurant in Ulsan-gun D (hereinafter “instant restaurant”) to the Defendants, which was linked to the instant restaurant’s business account (hereinafter “the instant account”) so that the Defendants may use by transferring the instant restaurant’s operating right to the instant restaurant, around October 2016.

Around December 2016, the Defendants had been operating the instant restaurant by acquiring the instant restaurant license from the Plaintiff, and around December 2016, the Plaintiff borrowed only 4,500 funds from the Plaintiff to the account of this case by obtaining loans from the Plaintiff.

However, since the Defendants did not repay the borrowed money from the Plaintiff, the Defendants are jointly and severally liable to return the borrowed money to the Plaintiff.

B. The Defendants asserted that they did not receive the instant restaurant operation right. However, the Plaintiff was able to pay the instant restaurant fee to the Defendants as remuneration.

Therefore, the Defendants merely worked as an employee of the instant restaurant, and the amount of KRW 45 million asserted by the Plaintiff as a loan is difficult for the Plaintiff to use the money from the loan service provider, and did not request the Defendants to lend money to the Plaintiff.

2. Determination

A. As to the claim against Defendant C, the Plaintiff deposited KRW 100,000,000,000 that was loaned from Cho Dak Lived Loan Finance, and KRW 30,000,000,000,000,000 that was loaned from OK Savings Bank, and KRW 5,000,000,000,000,000 that was loaned from OK Savings Bank. The fact that the Defendants settled expenses incurred in operating the instant restaurant using the C card linked to the instant account does not conflict between the parties, and the purport of the claim and the cause of the claim of the instant loan.