1. Defendant B’s KRW 16,300,000 as well as 5% per annum from January 11, 2017 to August 8, 2017, respectively, to the Plaintiff.

1. Basic facts

A. The Plaintiff remitted KRW 43 million to the account of Defendant C Co., Ltd. (former D Co., Ltd.; hereinafter “Defendant Co., Ltd.”) on August 8, 2014, to the account of Defendant C Co., Ltd., and remitted KRW 38,300,000 in total, including KRW 18,000 on August 19, 2014 and KRW 48,000 on October 23, 2014, KRW 430,000 on October 23, 2014, KRW 300,000 on November 4, 2014, KRW 400,000 on November 21, 2014, KRW 9,000 on November 25, 2014, respectively.

B. The Plaintiff: (a) Defendant B’s wife F is KRW 2 million on September 19, 2014; (b) the Defendant Company pays KRW 2 million on October 14, 2014; (c) KRW 3 million on January 13, 2015; (d) KRW 3 million on February 12, 2015; (e) KRW 3 million on March 16, 2015; and (e) KRW 2 million on May 28, 2015; and (e) KRW 3 million on April 17, 2015; and (e) KRW 2 million on June 23, 2015; and (e) the sum of KRW 2 million on August 24, 2015, respectively.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. In this case where the plaintiff sought payment of KRW 38,30,000,00 which was not paid out of KRW 81,300,000 against the defendants, since the defendant company borrowed KRW 43,000 from the defendant company and repaid it in full, the lawsuit in this case against the defendant company is an unlawful lawsuit against the non-qualified person. However, in the lawsuit for performance, the plaintiff's assertion as the non-qualified person has the standing to be the defendant. Thus, the defendants' defense is without merit.

3. Judgment on the merits

A. The Plaintiff asserted that the Defendants are jointly and severally liable to pay the amount of KRW 81.3 million (= KRW 81.3 million - KRW 43 million - KRW 43,000) and damages for delay, on the ground that the Plaintiff leased the amount of KRW 2,00,000 per month of interest or investment profit without setting the due date for payment (= KRW 43,00,000) to the Defendants.

As to this, the Defendants borrowed the Defendant Company’s loan of KRW 43 million on August 8, 2014, out of KRW 81.3 million from the Plaintiff’s loan of KRW 81.3 million, and Defendant B personally borrowed the remainder of KRW 38.3 million.