1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. C and the Defendant operated a mutually “F” restaurant in buildings D and E on both the third floor above the Ulsan-gun, Ulsan-gun, Ulsan-gun, and the third floor between husband and wife.

B. C has been engaged in monetary transactions with the Plaintiff from around 2005.

On March 18, 2011, the Defendant prepared a loan certificate as a joint and several surety for KRW 160,000,000 (interest rate of KRW 2% per month) owed to the Plaintiff by C and delivered it to the Plaintiff.

C. Upon C’s request on September 9, 201, the Defendant newly prepared and delivered to the Plaintiff a new loan certificate that recognizes the Plaintiff’s total debt amounting to KRW 170,000,000 (hereinafter “the instant loan certificate”) by adding up the debt amount of KRW 160,00,000 and the debt amount of KRW 170,000,000, in total, incurred after March 18, 201.

The Defendant Husband and wife remitted to the Plaintiff KRW 40,000,000 on November 7, 2011, and KRW 53,000,000 on November 8, 201.

E. Meanwhile, on May 8, 2012, the Defendant registered the creation of a mortgage (hereinafter “instant collateral security”) around KRW 420,00,000 on two lots of land, including Ulsan-gun D and E, and on the third floor building (hereinafter “instant real estate”) on the land owned by the Defendant, the Plaintiff, the debtor, and the maximum debt amount of KRW 420,00,00,000.

F. On August 8, 2012, the Plaintiff transferred 130,000,000 won out of the instant right to collateral security to G on the ground of partial transfer of the final claim, and the supplementary registration was completed.

G. C was withdrawn at the end of May 2012, and the present location is unknown.

【Ground for Recognition: In the absence of dispute, entry of Gap evidence 1-2, Gap evidence 2-2, Eul evidence 2-1 and 2-2

2. Determination as to the cause of action

A. A. Around May 2012, after the drawing up of the instant loan certificate, the gist of the assertion was settled as KRW 215,000,000 (i.e., the amount of KRW 85,000,000 that the Plaintiff directly lent from H, which the Plaintiff borrowed from H, around 200,000, the amount of KRW 130,000 that the Plaintiff borrowed from H.

Then, on August 8, 2012, the Plaintiff transferred 130,000,000 won out of the instant collateral security to H.