1. The plaintiff's claim is dismissed.

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

As the cause of the instant claim, the Plaintiff lent KRW 162 million to C, and among which amounting to KRW 95 million was remitted to the passbook in the name of the Defendant, the Defendant asserted that the Defendant guaranteed the Plaintiff’s debt payment against the said KRW 95 million, and sought payment of KRW 95 million and damages for delay against the Defendant.

In full view of the statements in Gap's evidence Nos. 3 and 7 and the purport of the entire argument as to the plaintiff, the plaintiff transferred a total of KRW 95 million to the head of the Tong in the name of the defendant from August 18, 2011 to August 24, 2011. However, the following circumstances acknowledged as a whole in consideration of the overall purport of the arguments as to the plaintiff and the defendant, namely, the plaintiff lent the money of this case to the plaintiff and the defendant, Eul was using the head of the Tong in the name of the defendant, and Eul was using the head of the Tong in the name of Pyeongtaek, and even borrowing the money from the plaintiff, the plaintiff received money using the head of the Tong in the name of the defendant. The plaintiff was only a transaction with the defendant, and there was no transaction relation with the defendant. At the time of requesting the plaintiff to lend money, the defendant merely provided that the plaintiff had borrowed money to the plaintiff, and the defendant did not have any indication of intent to guarantee or to repay the repayment of the borrowed money to the plaintiff.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.