1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On June 22, 2015, the Plaintiff asserted that: (a) on June 22, 2015, the Plaintiff set the maturity of KRW 40 million to Defendant B on June 22, 2016; and (b) at the time, Defendant C guaranteed Defendant B’s above loan obligations.

(hereinafter “instant loan”). Therefore, the Defendants are jointly and severally liable to pay the said loan and damages for delay to the Plaintiff.

B. On June 28, 2015, Defendant B’s husband D, who claimed by the Defendants, agreed to adjust all the previous monetary transactions between Defendant B and the Plaintiff, including the instant loan obligations, and prepared a loan certificate of KRW 130 million in the name of the Plaintiff, and thus, the Defendants’ obligations related to the instant loan were extinguished.

2. On June 22, 2015, the Plaintiff leased KRW 40 million to Defendant B on June 22, 2015 as the due date for payment, and the fact that Defendant C guaranteed Defendant B’s above loan obligation does not conflict between the parties.

However, in light of the following circumstances, it is reasonable to view that the Defendant’s instant loan obligation against the Plaintiff was extinguished, as the Plaintiff’s claim is without merit, in light of the following circumstances revealed by the respective descriptions as stated in subparagraphs 1 and 2 and the purport of the entire pleadings.

① On June 28, 2015, Defendant B’s husband D delivered a loan certificate of KRW 130 million to the Plaintiff (hereinafter “D’s loan certificate”). The loan certificate states that “The obligee and the obligor agree to perform in good faith the separate sheet attached thereto.”

② Article 5(5) of the letter of loan transaction attached to D’s name (Evidence 2) provides that “The loan transaction amount shall be paid in full upon the completion of all of the loan transaction amounts between the Plaintiff and the Defendant B”.

③ In addition to the circumstances, D’s previous obligations with respect to the instant loan owed by the Defendants against the Plaintiff, and then, D’s new loan certificate in its name is maintained.