Litigation costs shall be borne by the plaintiff.

Plaintiff

A representative director D paid the Nonparty KRW 12,00,000,000 on June 10, 2015, ② KRW 46,000,000 on June 29, 2015, ③ 29,000 on September 3, 2015 to vehicle sellers E, respectively.

(hereinafter “the instant remittance”). However, the Nonparty used the transferred money as gambling funds (i) or (ii) sold the vehicle purchased with the remittance amount to a third party to the Plaintiff’s future third party, thereby causing damage.

Therefore, the defendant is obligated to pay the sum of KRW 87,00,000 to the plaintiff as a financial guarantee.

Defendant did not conclude a financial guarantee contract with the Plaintiff or delegate the authority to conclude such contract.

The Nonparty, as the Plaintiff, purchased and sold a vehicle in the name of a registered dealer, and paid parking fees and the transaction cost, such as transfer of the name, to the seller, and carried out business in such a manner as to bring profits from sales. The instant remittance amount is only a personal loan to the Nonparty in the process. Therefore, the Plaintiff’s damages cannot be deemed as the Plaintiff’s losses.

However, even if it is not so, the defendant is exempted from liability pursuant to Article 4 of the Guarantee of Personal Identity Act, or since the non-party continued to pay D and the vehicle purchased by C remains, it cannot be deemed as the amount of damages of the remittance of this case.

Judgment

The fact that the remittance of this case was made does not conflict between the parties, or can be recognized by the statements in Gap 2 and 5, but the plaintiff's assertion is difficult to accept in full view of the following circumstances.

On January 22, 2015, the defendant himself/herself was issued and on March 19, 2015.