1. The instant lawsuit shall be dismissed.

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

Basic Facts

On December 18, 2014, the Plaintiff and C filed an application with the Daejeon District Court for a payment order of KRW 10,000,000 with respect to C and D, claiming that “C and D lent KRW 10,000 to C under D’s guarantee,” and the payment order was issued on January 3, 2015, stating that “C and D jointly and severally agreed to the Plaintiff for KRW 10,000,000 and KRW 5,000,000,000,000 from January 10, 2014 to the date of full payment,” and the payment order was finalized on January 3, 2015.

C and the Defendant’s monetary transaction Defendant frequently lent money to C from December 1, 2004 to May 26, 2014, and C has paid to the Defendant from June 8, 2005 to March 17, 2015.

On the other hand, C and the Defendant: (a) on July 25, 2014, approved that the present obligation to the Defendant is KRW 100 million; and (b) C, until July 24, 2015, entrusted the Defendant with the preparation of an authentic deed with the content that “C, until July 24, 2015, KRW 33,300,000, and KRW 333,400,000,000 until July 24, 2016, shall be repaid in installments; and (c) completed an authentic deed with the content that “A shall pay in installments”.

On April 27, 2015, C and the Plaintiff entered into a contract between the Plaintiff and the Plaintiff, stating that “The entire amount of the claim to be returned from the Defendant (wholly paid)” (which is understood as referring to the claim for return of unjust enrichment on the portion exceeding the Interest Limitation Act, out of the amount repaid by C to the Defendant by the Defendant; hereinafter “instant claim”) was transferred to the Plaintiff, and notified the Defendant thereof.

(2) On the other hand, on November 24, 2015, “C” and “C” between the Plaintiff and C during the instant lawsuit, concluded a contract to transfer the Plaintiff KRW 59,300,00,00 and the sum of KRW 7,341,803, and KRW 66,641,80,03, the following day.