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. On June 16, 2014, the Plaintiff asserted that: (a) the Plaintiff had the principal debtor and the Defendant as joint and several sureties; and (b) the Plaintiff had a discount on KRW 41,80,000 in the face value of C Issuance of Co., Ltd. owned by the Plaintiff.

Although the Defendant agreed to pay to the Plaintiff the discounted sum of KRW 38,453,500, the Defendant paid to the Plaintiff the discounted sum of KRW 38,453,50, the Plaintiff paid KRW 41,80,000 at face value to the discounted loan of e mobilization bills.

Therefore, the defendant is obligated to claim for reimbursement of KRW 41.8 million to the plaintiff.

B. The Defendant’s assertion is merely the fact that the Plaintiff received a discount on the C-issuance Bill possessed by the Plaintiff upon receiving a request for a loan from C, and pays it to C.

At the request of the plaintiff et al., the defendant received a joint and several surety for the discount transaction at the request of the plaintiff, etc., and paid the amount less the subcontract price to be paid by the defendant to C, and there is no agreement that the full amount of discount shall be paid to the plaintiff as asserted by the plaintiff.

2. If the purport of the entire pleadings is added to the evidence Nos. 1, 2, and 3 (including the serial number), the Plaintiff entered into a credit transaction agreement with the Plaintiff as the principal obligor, the Defendant, and the joint guarantor, on June 16, 2014, on a bill of exchange issued by C with the Plaintiff as the principal obligor, the Defendant, and the joint guarantor, with the Defendant, on a note of KRW 41,80,000 issued by C. Under the above agreement, the fact that the amount of KRW 38,453,50 of the bill discounted from the discounted loan for the bill discount on June 18, 2014 was deposited into the Defendant’s account is each recognized.

In full view of the above evidence and the purport of the entire pleadings as to whether the Plaintiff agreed with the Defendant to return the entire amount of the said discounted amount to the Plaintiff as alleged by the Defendant, the Defendant’s account to be transferred to the credit transaction agreement (Evidence A1).