1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The Plaintiff’s assertion that: (a) around November 2007, the Defendant borrowed KRW 10,000,000 from C and did not repay the loan; and (b) on October 24, 2014, the Plaintiff, the guarantor of the above loan, repaid the loan in lieu of the above loan; (c) thus, the Defendant is liable to pay the Plaintiff KRW 10,00,000 and delay damages that the Plaintiff repaid in lieu of the Plaintiff.

B. The defendant alleged that he borrowed KRW 10,000,000 from C around November 2007, or that he requested the plaintiff to provide the guarantee in the process.

2. Determination

A. According to each of the statements in Gap evidence No. 1-3, C lent KRW 10,00,000 to the plaintiff, but the plaintiff as a joint and several surety, whose identity and joint and several surety were not paid by the defendant, although C lent KRW 10,00,00 to the defendant.

"The fact that it has written a confirmation of the full repayment of the borrowed money is recognized."

B. However, the defendant denies the fact that he borrowed from C. The above fact alone is insufficient to conclude that the defendant borrowed KRW 10,000,000 from C around November 2007, and that the defendant requested the plaintiff to provide a guarantee in the process and then the plaintiff paid the defendant's debt to C as the defendant's guarantor, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim of this case is without merit.

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

Therefore, the judgment of the first instance court, which has different conclusions, is unfair, so the plaintiff's claim is revoked and dismissed.