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. Basic facts

A. On December 19, 201, the Plaintiff lent KRW 20 million to the Defendant B, and KRW 22 million around January 201, 2012, KRW 42 million (hereinafter “instant loan”).

B. The Plaintiff filed a complaint against Defendant B, who did not repay the instant loan, and Defendant B, for fraud.

around June 24, 2015, Defendant B prepared to the Plaintiff a certificate of borrowing that the Plaintiff would pay KRW 10,000,000,000 to the Plaintiff up to July 31, 2015, and KRW 10,000,000 until August 31, 2015, and KRW 22,00,000,000 until September 30, 2015 (hereinafter “the instant certificate of borrowing”). Defendant C signed and sealed the said certificate of borrowing as the guarantor.

The Plaintiff received KRW 1,00,000,000 from Defendant B and withdrawn the said complaint.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff 41,00,000 won (=42,00,000 won - 1,000,000 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 9, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.

3. The Defendants’ assertion and judgment were prepared and issued the instant loan certificate on the condition that the Defendant withdraws a criminal complaint. Since the Plaintiff did not withdraw a criminal complaint, the Plaintiff’s assertion based on the instant loan certificate is without merit. However, the Plaintiff’s withdrawal of a criminal complaint based on the instant loan certificate is recognized as above, and there is no other evidence to acknowledge the Defendants’ assertion.

Therefore, the defendants' arguments are not accepted.

4. Conclusion, the plaintiff's claim is justified.

The judgment of the first instance is just in conclusion, and the appeal by the Defendants is dismissed as it is without merit. It is so ordered as per Disposition.