1. The plaintiff's claim is dismissed.

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

1. The following facts may be found either in dispute between the parties or in full view of the respective descriptions of Gap evidence Nos. 1, 5, and Eul evidence Nos. 1, 2, and 7 and the purport of all pleadings.

On September 6, 2013, the Plaintiff loaned KRW 70,000,000 to C with interest rate of KRW 2% per month and due date of September 5, 2014, deducted KRW 63,00,000,000 from interest rate of KRW 7,000 for five months.

(hereinafter, from the Plaintiff’s standpoint, “the first loan” or “the first loan”). B.

On February 24, 2014, the Plaintiff transferred 64,750,000 won calculated by deducting KRW 5,250,000 from the interest rate for 2.5% per month and due date for repayment on May 24, 2014, to C.

(hereinafter, from the Plaintiff’s standpoint, “the second loan” or “the second loan”). At the time, the Defendant jointly and severally guaranteed the second loan obligation.

C. After that, the Plaintiff filed a claim against C for reimbursement by telephoneing the amount and the date of payment, and accordingly, C, by March 4, 2016, transferred the amount indicated in the column for “the date of remittance” in the attached Form No. 1 and No. 2 as repayment of the principal and interest of the first and second loans.

2. The parties' assertion

A. The money remitted by C as the cause of the Plaintiff’s claim is merely appropriated for the repayment of the first loan obligation, and the second loan obligation was not yet repaid. As such, the Defendant is liable to pay the Plaintiff KRW 70,000,000 as a joint and several surety for the second loan obligation, and damages for delay thereof.

B. Inasmuch as the Defendant’s transfer of defense C fully repaid the secondary loan obligation, the Defendant’s debt, which is the joint guarantor, was extinguished.

3. Determination

A. Comprehensively taking account of the evidence and the following circumstances acknowledged by C’s testimony and the purport of the entire pleadings by the witness C, the amount remitted by C shall be recognized as having been appropriated as indicated in the “statement of appropriation” in the attached Form.