1. The judgment of the first instance, including the Plaintiff’s claim that was reduced and added by this court, shall be modified as follows.

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 1 through 5, entry of Eul evidence 1, and purport of the whole pleadings);

A. On July 23, 2015, the Plaintiff transferred KRW 50,000 to the Defendant’s name account. In this regard, the Plaintiff issued a cash custody certificate stating, “C representative director D, guarantor E, Defendant, and date of repayment,” from the side of the Dispute Resolution Co., Ltd. on July 27, 2015.”

B. On September 2, 2015, the Plaintiff transferred KRW 100 million to the Defendant’s account. From September 3, 2015 to September 10, 2015, the Plaintiff returned KRW 120 million to D as to the said KRW 100 million.

C. On September 10, 2015, the Plaintiff re-transfered KRW 100 million to the Defendant’s name account. In this regard, on September 10, 2015, the Plaintiff would pay KRW 120,000 from the side of the Dispute Resolution Co., Ltd. to ten times from September 14, 2015 to September 23, 2015.

b. E, F, Defendant as joint and several sureties;

If the L/C and E are unable to perform, the defendant shall be responsible and repaid in 2 F/3 as joint and several sureties.

A certificate of cash custody was issued on September 10, 2015, stating that the cash amount of KRW 100 million shall be sent for 10 days from September 14, 2015 to 12 million (the sum of principal and interest).

On July 27, 2015, the Plaintiff filed the instant lawsuit seeking payment of KRW 86 million and delay damages with the Defendant who guaranteed each of the above obligations, as the Plaintiff lent KRW 50 million (on October 23, 2015), and KRW 120 million on September 10, 2015 (in installments on September 23, 2015, the date of repayment) was not repaid. Thus, the Plaintiff filed the instant lawsuit seeking payment of KRW 86 million and delay damages with the Defendant who guaranteed each of the above obligations.

2. A claim for the guarantee liability (the plaintiff's primary claim);

A. On July 23, 2015, the Plaintiff asserted that the Plaintiff invested KRW 50,00,000 and received KRW 70,000,000,000. The Plaintiff agreed to invest KRW 100 million on September 10, 2015 and received KRW 120,000,000.

Therefore, the Defendant, the guarantor of the above investment amount, is KRW 84 million (= KRW 50 million - KRW 86 million) and damages for delay.