1. Revocation of a judgment of the first instance;

2. The Defendants shall jointly and severally act on October 13, 2009 with respect to the Plaintiff KRW 30,000,000 and its amount.

1. Where there is no dispute between the parties to the judgment as to the cause of the claim, or when comprehensively taking account of the overall purport of the pleadings in the statement No. 1 of the plaintiff's evidence as to September 12, 2009, the plaintiff lent KRW 30,000,000 to the defendant B on October 12, 2009 (hereinafter "the debt of this case"), the payment period for the above debt was determined and lent to the defendant B on October 12, 2009 (hereinafter "the debt of this case"), C has jointly and severally guaranteed the above debt; C died on January 30, 2014; and C, the spouse of this case, was the sole inheritance of

According to the above facts of recognition, the defendants are jointly and severally liable to pay 30,000,000 won and damages for delay to the plaintiff, unless there are special circumstances.

2. Determination on this safety defense

A. The Defendants asserted that the instant lawsuit is unlawful because they agreed to withdraw the instant lawsuit on September 7, 2012 by the Plaintiff, Defendant B, and Network C, and that the instant lawsuit is unlawful as there is no benefit of protection of rights.

B. If an agreement was reached between the parties to the judgment to withdraw the lawsuit, the lawsuit shall be dismissed as there is no legal interest in maintaining the lawsuit, barring special circumstances (see, e.g., Supreme Court Decision 81Da1312, Mar. 9, 1982). However, in the case of an agreement to withdraw a conditional lawsuit, the legal interest in maintaining the lawsuit shall not be denied unless the fulfillment of conditions is recognized.

(See Supreme Court Decision 2013Da19571 Decided July 12, 2013). The Plaintiff’s statement of performance (No. 3, 2012) as of September 7, 2012 prepared by the Plaintiff is insufficient to acknowledge that there had been an agreement between the parties to the withdrawal of the lawsuit. Even if such agreement is deemed as an agreement on the withdrawal of the lawsuit, the Plaintiff withdraws the lawsuit when E fully assumes the obligations of Defendant B and the network C. As seen in paragraph 3(b) below, E cannot be recognized as having taken over the obligations of Defendant B and the network C, and thus the said agreement on the withdrawal of the lawsuit is concluded.