1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. On March 7, 2006, the Plaintiff lent KRW 40 million to C by means of remitting KRW 40 million to D’s account designated by C.

B. The Defendant, a partner of C, jointly and severally guaranteed C’s loan obligations against the Plaintiff.

C. C performed only KRW 10 million on December 2006 and did not pay the remainder of KRW 30 million.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 30 million ( KRW 40 million - KRW 10 million) and delay damages.

2. According to the evidence Nos. 1, 2-1, 2-2, and 3 of the judgment of the court below, the plaintiff set the interest rate of KRW 40 million to C by transferring the amount of KRW 40 million to the D account designated by C on March 7, 2006 and lent it as of March 31, 2009.

However, it is not sufficient to acknowledge the plaintiff's assertion only with the descriptions of Gap's evidence No. 1, Gap's evidence No. 2, and Gap's evidence No. 3 as to whether the defendant jointly and severally guaranteed the defendant's above loan obligation against the plaintiff, and there is no other evidence to prove otherwise.

Meanwhile, according to the evidence evidence No. 3, the plaintiff filed a loan claim suit against C and D in 2008 (Ulsan District Court 2008Gadan20255), and asserted C as the principal debtor and joint guarantor, and the Ulsan District Court rendered a judgment dismissing the claim against C on June 17, 2009.

The plaintiff did not file a lawsuit against the defendant at the time.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.