1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2...

The main lawsuit, counterclaim is also considered.

1. On December 18, 2006, the Plaintiff lent KRW 100 million to Defendant B (hereinafter “Defendant”), barring special circumstances.

Transfer was sent to Defendant C’s account, the Defendant’s wife.

[A] No separate certificate of loan was prepared at the time, and no objective material exists to support that the plaintiff directly urged or demanded the repayment of the above loan to the defendant from that time until the certificate of loan is drawn up as follows.

From May 2014 to May 6, 2014, the Defendant married couple confirmed that the Plaintiff has the obligation to lend KRW 100 million to the Plaintiff.

“A” was prepared and delivered a loan certificate (referring to “the loan certificate of this case” hereinafter). Defendant C signed and sealed the loan certificate as “a mere surety, not a joint and several surety as stated next to the loan certificate.” After that, on August 20, 2014, the Defendant agreed to “the repayment of interest KRW 500,000 per month from August 30, 2014 to the end of each month,” and written a document stating the same purport.

In light of the fact that Defendant B paid to the Plaintiff KRW 500,000 per month from September 1, 2014 to September 1, 2014, and the Plaintiff did not raise any objection thereto prior to the filing of the instant lawsuit, the Plaintiff’s above assertion is difficult to believe that the Plaintiff’s assertion is without merit.

[2] The Defendant paid to the Plaintiff KRW 6.5 million in total over 13 times from September 1, 2014 to December 30, 2015, as follows: (a) the party principal examination against the Defendant; and (b) the party principal examination against the Defendant; (c) the Defendant paid to the Plaintiff KRW 6.5 million in total, as follows:

[2] On December 14, 2016, the Plaintiff filed an application with the Defendants for the instant payment order seeking payment of interest from December 18, 2006 with respect to the loan amounting to KRW 100 million and the interest payment order against the Defendants. The Defendants reached January 26, 2017, and KRW 109,268,227.