1. The plaintiff's claims against the defendants are all dismissed.

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

1. Basic facts

A. On August 13, 2013, the Plaintiff filed a loan lawsuit against the Defendants on the grounds of the instant first agreement (hereinafter “instant first agreement”). On April 25, 2014, the Plaintiff was rendered a favorable judgment that “The Defendants jointly and severally paid to the Plaintiff KRW 382,315,737 and damages for delay.”

On June 9, 2014, while the appellate trial of the above lawsuit was pending, the Plaintiff and the Defendants agreed that the Defendants shall pay to the Plaintiff the agreed amount of KRW 400 million in relation to the above lawsuit (hereinafter “the second agreement”).

B. On May 11, 2018, the Plaintiff was sentenced to a suspended sentence of 200 million won for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (reconciliation) and for a crime of fraud, including the fact that “When acquiring a hotel with Defendant D and C, it falsely speaks that KRW 300 million for the second-class profit premium stated in the original trust register on the hotel building and site is the money in which he invested in the truster, the Plaintiff made the above Defendants enter into the first and second-class agreement, and then, the Defendants received KRW 382 million from Defendant B to receive KRW 382 million, and acquired KRW 200 million from Defendant B,” and the said conviction (hereinafter “the conviction of this case”) was finalized on January 17, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 2 to 4, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion: Defendant B did not pay KRW 14.5 million out of the amount agreed upon under the second agreement, and the Defendants, according to the said agreement, performed the said obligation on March 22, 2016, even though they were obligated to leave the Plaintiff from the status of a joint and several surety by May 2015.

Therefore, the Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000,000,000 for damages due to nonperformance stipulated in the second agreement of this case, and Defendant B shall additionally pay the unpaid amount of KRW 14.5 million.

(b).