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

A. On May 8, 2014, B Co., Ltd. (hereinafter “B”) borrowed KRW 184,718,700 from the Defendant, and at the time, the Plaintiff, a inside director of B, jointly and severally guaranteed the above loan obligations, and on the same day, a notary public signed a notarial deed of money loan contract for security transfer (No. 1; hereinafter “No. 1 notarial deed”) with a law firm as to each of the above obligations against B and the Plaintiff’s Defendant, on the same day.

B. On May 8, 2014, B borrowed KRW 104,500,00 from the Defendant in the same manner, and the Plaintiff jointly and severally guaranteed the above recruitment obligation, and on the same day, a notary public signed a notarial deed of monetary loan contract for security by means of transfer (No. 369, No. 369, No. 2014) on each of the above obligations.

C. B was merged with C on June 13, 2014 (hereinafter “C”).

After the merger, the defendant prepared a notarial deed with respect to C and 1 obligations as debtor C (hereinafter referred to as "third authentic deed").

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. After the Plaintiff’s assertion was merged with C, the Defendant prepared the No. 3 No. 1 notarial deeds as to the first debt, and excluded the Plaintiff from the joint guarantor, and at the time, the Defendant discarded the first notarial deed, and thus, the Plaintiff’s obligation against the Defendant was exempted and extinguished.

Therefore, compulsory execution based on No. 1 notarial deed should not be permitted.

B. The Defendant’s assertion that the Defendant prepared the third notarial deed with C is a measure taken in order to secure additional claims, and the Defendant at the time did not destroy the first notarial deed, so it cannot be deemed that the Plaintiff’s obligation against the Defendant under the first notarial deed has extinguished by exemption.

3. Determination

(a) the waiver of a claim or exemption of an obligation must necessarily be made;