2. The costs of lawsuit shall be borne by the Plaintiff.

A. On August 25, 2010, the Defendant signed the loan certificate of borrowing KRW 200 million to C at the request of the Plaintiff who is his/her own partner (the phrase “money borrowed at the time of high auction”) as the borrower.

B. C and D (C’s wife) deposited KRW 200 million in the F (C’s account number: Nonghyup Bank G)’s account, the representative director of E Co., Ltd. (Plaintiff-one shareholder company) on August 25, 2010.

C. Around August 2010, Co., Ltd., Ltd. used the said money to obtain a successful bid for the real estate auction in Changwon-gun, Changsung-gun, and three parcels of land and buildings, both I and I.D.

On September 17, 2013, the Plaintiff sold his own land to the new superior industry development company, and the new superior industry development company paid KRW 200 million out of the purchase price of the land to C.

【Fact-finding, Gap’s evidence Nos. 1 and 2, Eul’s evidence Nos. 1 through 3 (including branch numbers for those with serial numbers), the court’s common tax affairs, the results of each fact-finding to NongHyup Co., Ltd., and the purport of all pleadings

2. Summary of the parties' arguments

A. Upon the request of the Plaintiff, the Plaintiff asserts that the Defendant is liable to pay KRW 200 million and delay damages to the Plaintiff, on September 17, 2013, since the Defendant repaid KRW 200 million borrowed from C on August 25, 2010 at the Defendant’s request.

B. The Defendant asserts that the Plaintiff’s payment of KRW 200 million to C on September 17, 2013 constitutes the repayment of the Plaintiff’s obligation, and thus, the Defendant does not have the obligation to repay to the Plaintiff.

3. Where a third party has been allowed to use his name in obtaining a loan from a financial institution which is judged, regardless of whether he is liable as a principal debtor to the financial institution which is the creditor, in an internal relationship, the joint and several sureties who has performed the joint and several liability as a principal debtor cannot, as a matter of course, assume a liability for indemnity as a principal debtor to the financial institution which is the creditor.