The plaintiff's claim against the defendants is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. As of February 18, 2017, as of March 20, 2016, Defendant B borrowed KRW 100 million from the Plaintiff as of March 20, 2016, and as of March 20, 2018, and Defendant C borrowed KRW 100 million from the Plaintiff. The loan certificate was prepared that Defendant C is a joint and several surety for Defendant B’s obligation to the Plaintiff.

B. As of February 18, 2017, as of April 20, 2016, Defendant B borrowed KRW 100 million from the Plaintiff as of April 20, 2016, and as of April 20, 2018, the date of repayment, and as of April 20, the certificate of borrowing that Defendant C is a joint and several surety for the said borrowed amount.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion 1) The Plaintiff lent KRW 100 million on February 29, 2016, and KRW 100 million on April 29, 2016 to Defendant B (hereinafter “instant loan”).

In the process of preparing a loan certificate, the loan certificate was written on March 20, 2016 and April 20, 2016, which is the date of the actual loan and the date adjacent to the actual loan date. (2) The money deposited by Defendant B to the Plaintiff was entirely appropriated for repayment of other loan obligations, and the principal and interest of the instant loan obligations was not paid.

3) On February 28, 2019, Defendant B prepared a loan certificate stating that “The Plaintiff borrowed KRW 200 million on February 15, 2016, KRW 100 million on January 18, 2019, KRW 400 million on February 28, 2019, and KRW 400 million on a total, KRW 100 million on February 28, 2019,” and even based on the said loan certificate, Defendant B could verify the fact that the instant loan obligation was not repaid. (B) Defendant B traded money several times from February 29, 2016 to the Plaintiff, and drafted a loan certificate as a settlement meaning if the amount of the loan is different.

On February 18, 2017, Defendant B made up to the Plaintiff a certificate of borrowing the same content as that of paragraph 1, since Defendant B’s obligation to the Plaintiff was KRW 200 million.

From March 15, 2017 to June 1, 2017, Defendant B borrowed an additional amount of KRW 350 million from the Plaintiff and extended a loan to the Plaintiff 50 million.