1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Basic Facts

The Plaintiff issued to the Defendants a cashier’s check equivalent to KRW 300 million in total, including KRW 20 million on October 30, 2007 and KRW 100 million on November 1, 2007.

On October 30, 2007, the Plaintiff acquired part of the Defendant’s claim amounting to KRW 2.730,000,000 of the Plaintiff’s Saddo Holdings (hereinafter “Saddo”) and D from the Defendants. On December 14, 2007, a notary public was issued a notarial deed (hereinafter “instant notarial deed”) with respect to promissory notes amounting to KRW 2.730,000,00 in face value by the issuer Saddo and D, the Plaintiff and E (the Defendant was acting as his agent) at the Paddong Law Firm (hereinafter “instant notarial deed”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings, and the plaintiff and the defendants' assertion that the plaintiff made a loan of KRW 300 million to the defendants, and the plaintiff was transferred a claim equivalent to KRW 300 million out of the defendants' claims against Sejong and D as security. Thus, the defendants are jointly and severally liable to pay KRW 300 million to the plaintiff.

As to this, the Defendants asserted that the Plaintiff paid KRW 300 million to the Defendants in return for the Plaintiff’s assignment of the claim amounting to KRW 300 million out of the claim against the Defendants for the amount of KRW 300 million to the Plaintiff.

Judgment

Basic Facts

In light of the following circumstances, it is determined that the Plaintiff lent KRW 300 million to the Defendants in consideration of the overall purport of the pleadings, as a whole, on the written evidence Nos. 1, 4, 7, 8, and 9 (including each number).

① Around July 2012, Defendant B prepared a confirmation document stating that “Defendant borrowed KRW 300 million from the Plaintiff and transferred part of the claims against Sejong and D as security” to the Plaintiff (Evidence A 1-1).

② In a criminal case where the Plaintiff filed a fraudulent complaint against D prior to the filing of the instant lawsuit, the Plaintiff stated to the effect that “the Plaintiff lent KRW 300 million to the Defendant.”