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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
A. As a guarantor, the Plaintiff is obligated to pay KRW 150,000,000 as well as damages for delay.
B. The Plaintiff lent KRW 150,000,00 to Defendant E, and the Defendant did not know well the reasons for the loan between the Plaintiff and E.
E only lent KRW 150,00,000 from the Plaintiff and signed a receipt stating that “The Plaintiff consents to the establishment of the servitude on the land owned by the Defendant on condition of the withdrawal of auction” to the Defendant, and it cannot be deemed as a loan certificate or guarantee document.
2. Determination
A. In light of the fact that Gap evidence No. 7 appears to conform to this part of the plaintiff's judgment as to the plaintiff's primary claim, it is difficult to believe it as it is, in light of the fact that Eul, the statement of the above confirmation document, has conflicting aspects with the defendant's interest in the loan of this case of the plaintiff, etc.
Meanwhile, according to the purport of Gap evidence No. 4 and the whole arguments, the defendant signed a receipt (hereinafter "the receipt of this case") stating that "** the withdrawal of auction/agreement with Suwon District Court I, and the plaintiff shall pay the following amount to the defendant. A copy of the cashier's checks (the check number J, hereinafter "the check of this case") at par value 150,000,000, at face value 150,000,000, * After the withdrawal of auction, the defendant shall give consent to the establishment of the regional right to access roads (the "L") to the plaintiff." It is recognized that Eul delivered the receipt of this case to the plaintiff.
However, the following circumstances, which can be recognized by the purport of Gap evidence Nos. 3 through 5, Eul evidence Nos. 1 through 7 (including each number), and the entire purport of arguments, i.e., the plaintiff deposited KRW 148,500,000 in total to E on April 1, 2014, and thereafter received the receipt of this case from E, and ② on April 1, 2014, E issued the instant check of KRW 150,000 for face value with its own money and brought about the place where the plaintiff and H representative is located.