1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The plaintiff is a friendship with C, and the defendant is C's spouse.

B. From April 12, 201 to June 29, 2012, the Plaintiff deposited KRW 120,161,751 in total in the Defendant’s account under the name of the Defendant (hereinafter “amount of remittance”). From July 8, 2011 to July 11, 2012, the Plaintiff deposited KRW 48,706,650 in total over 20 times in the Plaintiff’s bank account under the name of the Defendant (Account Number D; hereinafter “instant Plaintiff account”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. In the light of the purport of the Plaintiff’s assertion, the Plaintiff loaned KRW 120,161,751 in total to the Defendant at a rate of 36% per annum, and the Defendant paid KRW 32,250,00 as part of interest to the Plaintiff. As the Defendant is a borrower who borrowed money directly from the Plaintiff, the Defendant is obligated to pay the Plaintiff a delay compensation for the principal and interest of KRW 197,814,72 as of July 31, 2014 and KRW 120,161,751 as of the principal and interest of KRW 32,250.

First, even if the defendant is not acknowledged as a party to a contract who directly borrowed money from the plaintiff, in light of the fact that the defendant is the holder and custodian of the account deposited with the amount of remittance, and that the defendant submitted documents that guarantee the defendant's credit to the plaintiff, the defendant is recognized as a joint and several surety for the obligation to return the loan to the plaintiff.

The second preliminary argument is that C borrowed money from the Plaintiff is used for the daily living expenses of the Defendant and C, and the Defendant is jointly and severally liable with C to repay the borrowed money to the Plaintiff pursuant to Article 832 of the Civil Code.

3. Determination of the loan and the claim for joint and several sureties (main and first preliminary claim), the Plaintiff deposited KRW 120,161,751 in total with the Defendant’s account under the name of the Defendant, and this is in the name of the Defendant.