A. The Plaintiff, on August 27, 2008, lent KRW 24,000,000 at a face value, KRW 24,000,000 for the Plaintiff’s order, and KRW 24,00,00 for a promissory note as of August 5, 2008 (hereinafter “instant promissory note”) to the Defendant as security. As such, the Defendant is obligated to pay the Plaintiff KRW 5,00,000,000, which is the amount not returned out of the above KRW 24,000,000, and the delay damages therefrom.

B. Around November 7, 2007, the Defendant guaranteed the Plaintiff’s obligation to pay the entire amount of KRW 19,500,000 to the Plaintiff. C did not perform the obligation to pay the entire amount of KRW 19,500,000 to the Plaintiff. Since the Plaintiff transferred the obligation to pay the entire amount of KRW 10,000 to D out of KRW 19,50,000 to the above 19,50,000 to the Plaintiff, the Defendant as a guarantor with respect to the obligation to pay the entire amount of KRW 9,50,00 to the Plaintiff (=19,500,000 to the Plaintiff - 10,000,000 to the entire amount of the obligation to pay the entire amount of KRW 19,50,00 to the Plaintiff) and damages for delay therefrom.

2. Determination

A. In light of whether the Plaintiff lent KRW 24,00,000 to the Defendant on August 27, 2008, the Plaintiff asserted that the Plaintiff lent KRW 36,000,000 to the Defendant as security of the Promissory Notes, and that there is no other evidence to acknowledge this, this part of the Plaintiff’s assertion is not acceptable. The Plaintiff asserted that on July 24, 2008, the Plaintiff lent KRW 36,00,000 to the Defendant as security of the Promissory Notes, and the Defendant argued that “the Plaintiff was paid KRW 36,00,000 to the World Environmental Construction as security of another Promissory Notes, but received all principal and interest thereon from the New World Environmental Construction,” and that “the Promissory Notes in this case was paid to E with the discount of KRW 20,000,000,000, and later, the Defendant was paid as the endorser’s demand.