1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. On February 26, 2002, the Plaintiff loaned KRW 36,216,50,005 to the Defendant on October 2, 2002, KRW 50,000,000, and KRW 55,000,000 on September 1, 2003, KRW 59,364,66 on January 24, 2005, KRW 20,000 on November 17, 2006, and KRW 46,760,00 on April 2, 2007, including lending KRW 50,000,00 on several occasions from around 202 to around 2007.

In 2007, the Defendant agreed to pay KRW 500,000,000 to the Plaintiff by settling the loan from the Plaintiff up to that time, but did not set the due date at that time.

In 209, the Defendant repaid the Plaintiff KRW 100,000,000 according to the above agreement.

Then, on May 3, 2012, the Defendant agreed to pay KRW 400,000,000 to the Plaintiff when winning the claim for indemnity filed by C against D with the Seoul Central District Court 201Kahap51200.

(2) The Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 400,000,000, and damages for delay as stated in the purport of the claim, in accordance with the instant agreement, since June 27, 2013, C became final and conclusive as partial winning in the claim for reimbursement.

B. The summary of the Defendant’s assertion does not have to borrow money from the Plaintiff. Therefore, there is no reason to conclude that the Defendant agreed to repay KRW 500,000 to the Plaintiff around 2007.

The Defendant’s payment of KRW 100,000,00 to the Plaintiff around the summer of 2009 was made only in relation to each other and not in relation to loans. Even if the Defendant agreed to pay KRW 500,000 to the Plaintiff around the summer of 2007, this was in relation to each other, and thus, the Plaintiff cannot claim performance thereof from the Defendant, and even if the said payment agreement constitutes a gift which is a legal relation, it is not based on the written document. Thus, the Defendant’s payment of KRW 400,000,000, out of the above KRW 500,000,000.