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 October 31, 2018, the Defendant borrowed KRW 25,000,000 from Nonparty C Co., Ltd. (hereinafter “C”); and (b) upon the Defendant’s request, the Plaintiff became a guarantor by making an oral indication of intent on the above loan obligations.

Since then, the defendant borrowed KRW 80,00,000 from C on March 9, 2009, and the plaintiff became a guarantor by signing the defendant's obligation to borrow loans from C as the guarantor.

As the Defendant delayed the payment of each of the above loans to C, the Plaintiff, as a guarantor, subrogated to C in the amount of KRW 105,000,000, and was prepared by C on October 31, 2014.

Therefore, the defendant should be paid to the plaintiff 105,00,000 won as indemnity amount, and 5% per annum from October 31, 2014, which is the date of subrogation, to the date of service of the original copy of the payment order in this case, and 15% per annum from the next day to the date of full payment under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings.

2. Determination

A. We examine whether the Plaintiff guaranteed the Defendant’s debt on October 31, 2008, and whether the Defendant borrowed KRW 25,000,000 from C on October 31, 2009 in full view of the purport of the entire pleadings in the evidence No. 1.

However, even if the witness evidence Nos. 1 and 3 as witness D and E were born with the above evidence, it is difficult to acknowledge that the Plaintiff guaranteed the Defendant’s obligation to borrow loans to C, and there is no other evidence to acknowledge this otherwise.

B. We examine whether the Plaintiff guaranteed the Defendant’s debt on March 9, 2009, and evidence Nos. 2, the Plaintiff offered D a loan of KRW 80,000,000 to C, and it can only be acknowledged that the Plaintiff guaranteed it, and even in addition to evidence Nos. 3 and witness D and E’s testimony, the Defendant lent KRW 80,000 to C, and the Plaintiff guaranteed it.