1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 11, 2015, the Plaintiff entered into an agreement with D that “the Plaintiff shall execute 2 billion won for the acquisition of Company E in accordance with the acquisition procedure, and shall return the said 2 billion won from D after two months, and D shall provide a surety or a surety to guarantee the return of the above 2 billion won.” On the same day, D and C shall prepare a joint and several surety note with the purport that “D shall return the said KRW 2 billion paid by the Plaintiff to D after two months, but C shall jointly guarantee this.” The Plaintiff deposited the sum of KRW 2 billion in the F account from March 11, 2015 to March 20, 2015.

(2) After that, on June 3, 2016, the Plaintiff filed a lawsuit against the Seoul Central District Court 2016Gahap532322, the Seoul Central District Court (hereinafter “Seoul Central District Court”). On November 24, 2017, the said court rendered a judgment that “C, D, etc. shall jointly and severally pay to the Plaintiff 2 billion won and the amount calculated at the rate of 15% per annum from August 24, 2016 to the date of full payment” on the ground that “C, D, etc. shall be deemed as a loan for D” and C shall be jointly and severally guaranteed by the Plaintiff on the grounds that “the amount of money calculated at the rate of KRW 2 billion per annum from August 24, 2016 to the date of full payment.”

(3) On October 16, 2018, the Seoul High Court rendered a judgment ordering that "C and D jointly and severally pay to the Plaintiff KRW 1.98 billion and the amount calculated at the rate of KRW 5% per annum from the following day to October 16, 2018, calculated at the rate of KRW 1.5% per annum from August 24, 2016, and 15% per annum from the date of full payment (hereinafter "loan")." on the ground that "C and D jointly and severally repaid to the Plaintiff KRW 20 million to the Plaintiff on October 23, 2015."

Seoul High Court.