2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

A. The Plaintiff lent KRW 50 million to C around March 2008.

B. Around April 7, 2008, the Plaintiff additionally lent KRW 50 million to C (hereinafter “the instant loan obligation”), and KRW 50 million additionally loaned to C the Plaintiff’s debt incurred therefrom (hereinafter “the instant loan obligation”).

C. C paid KRW 97 million to the Plaintiff through E on November 11, 2008 in order to repay the debt borrowed from the Plaintiff as above.

C around November 25, 2008, around 2008, the Plaintiff prepared a cash custody certificate for KRW 250 million (hereinafter “the cash custody certificate of this case”) and a loan certificate (hereinafter “the loan certificate of this case”). The cash custody certificate of this case contains the following: “I will prepare and affix this certificate to the Plaintiff, so as to receive on November 25, 2008 and clarify the receipt of the above amount.” The loan certificate of this case contains the following contents: “I will prepare and affix to the signature and seal this certificate in order to obtain on November 25, 2008 and to ensure the receipt of the above amount.” The loan certificate of this case includes the loan amount of KRW 250 million and the maturity amount of repayment as of February 28, 2009.

E. The defendant is written on the cash storage certificate of this case and the loan certificate of this case as joint and several sureties.

F. Around November 25, 2008, the Plaintiff paid KRW 100 million to the above E, a creditor of C, at the request of C, and the Plaintiff filed a criminal complaint against E in relation to KRW 100 million. The details of the complaint were as follows: “C on Nov. 25, 2008, stated “F” to the Plaintiff on Nov. 25, 2008, stating “A is not the money paid before, but the fact of the E non-prosecution decision (Evidence A No. 8)” as “F, it appears to be the same person as E.,” and “A would have been repaid upon the loan of money.” The Plaintiff delivered KRW 100 million to C, which was “A had no capacity to repay KRW 100 million,” and C had no intention to do so.

With respect to the above criminal complaint, the prosecution shall take it over to C.