1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and 5% per annum from April 2, 2016 to April 29, 2016.

1. Facts recognized;

A. On September 4, 2014, the representative E of D agreed to pay to the Plaintiff KRW 25 million, regardless of the outcome of the lawsuit immediately after the first instance of the said lawsuit, when receiving KRW 25 million from the Plaintiff to use it as litigation costs for the F apartment-related case, E of D’s case that the said corporation accepted from the Plaintiff.

B. At the time, the Defendants agreed that the law firm shall guarantee the above debt of D and that the Plaintiff shall be paid KRW 50 million immediately after the first instance court of the said lawsuit.

C. The instant case that a law firm D accepted was tried by the Seoul Western District Court No. 2014Gahap40060, and the judgment of dismissal was rendered on March 31, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 and 4, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendants jointly and severally guaranteed the obligations of D by law firm, and the period during which the above obligations are due arrives on April 1, 2016, which is the day following March 31, 2016, which is the closing date of the first instance court of the lawsuit in question. Thus, barring any special circumstance, the Defendants are jointly and severally liable with D to pay to the Plaintiff damages for delay from April 2, 2016, which is the day following the said due date.

The plaintiff sought payment of damages for delay from the day after the original copy of the payment order of this case was served, but there is no evidence to prove that the due date has arrived before the end of the court of first instance.

B. The Defendants’ assertion and determination thereof (1) asserted that there exists a separate interest as a joint guarantor, and (2) the Defendants asserted that there was a separate interest as a separate principal, and the Defendants asserted that there was a joint guarantee only for principal, and thus, the Defendants are merely obligated to pay 1/2,00,000 won per 1/2,50,000 won per principal pursuant to Articles 439 and 408 of the Civil Act.

(B) According to the judgment of the court below, Gap evidence No. 1, the defendant and the guarantor prepared at the time when the defendants agreed as above.