1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On March 7, 2016, the Plaintiff: (a) lent KRW 200 million to C Co., Ltd. (hereinafter “D”); (b) on the same day, D’s representative director E borrowed KRW 200 million and repaid it to the Plaintiff until April 7, 2016; and (c) drafted a loan certificate to the effect that E is a joint and several surety.

B. On July 12, 2016, E prepared a statement of performance to the effect that “A joint guarantor D, together with D, promises to repay KRW 400 million until July 28, 2016,” and issued it to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6-1 and 7, the purport of the whole pleadings

2. The plaintiff's assertion that D has a refund claim of KRW 100 million invested in the purchase and sale of convertible bonds and a loan claim of KRW 200 million.

D has a loan claim that has become due and payable for KRW 500 million to the defendant.

D had filed a petition for bankruptcy two times in the past, and there was no means of delisting on March 7, 2017. Therefore, the Plaintiff, a creditor, is entitled to file a claim for the repayment of loans against D based on a monetary claim against D against the Defendant, a third party obligor, by subrogation. Thus, the Defendant is obliged to pay the Plaintiff money as stated in the purport of the claim.

3. As long as D applied for a payment order against the Defendant, the Defendant withdrawn the request for the payment order thereafter.

Even if the debtor is deemed to exercise his/her right in court, the plaintiff is not entitled to exercise his/her right in subrogation of D, so the plaintiff is not entitled to exercise his/her right in court.

On February 2017, D applied for a payment order against the Defendant for the above KRW 500 million loan in Seoul Central District Court No. 2017 tea8343, but the Defendant’s objection was filed on April 24, 2017.