1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 30, 2012, the Plaintiff borrowed KRW 183,00,000 from the Defendant for the use of corporate driving funds (hereinafter “instant loan”), and the term of the instant loan is extended by one year from April 30, 2012 to April 30, 2016, and the interest is set to be renewed within one month.

B. From May 31, 2012 to August 30, 2012, the Plaintiff repaid KRW 133,000,000 on four occasions during the period from May 31, 2012 to August 30, 201 and the principal of the loan left KRW 50,00,000.

C. However, the Plaintiff did not pay interest for a period of December 30, 2014, but paid only interest until December 19, 2014, and the date of payment of the Plaintiff’s interest was changed on the 20th day of the following month.

On January 20, 2015, the Plaintiff did not pay interest for a period of time. Thus, the Plaintiff did not pay arrears.

On January 30, 2015, the Plaintiff paid the interest from December 20, 2014 to January 29, 2015, and the overdue interest from January 21, 2015 to January 29, 2015 to resolve the overdue interest.

Since it is necessary for the Plaintiff to obtain a loan of KRW 500 million, the Plaintiff applied for the issuance of a guarantee insurance policy to the Korea Credit Guarantee Fund.

On April 3, 2015, the Defendant bank stated that there was a arrears for 10 days from January 20, 2015 to January 30, 2015 in the financial transaction confirmation letter against the Plaintiff.

Therefore, the credit guarantee fund's credit guarantee is refused to issue a letter of credit guarantee that has not been issued for more than ten consecutive days within the last three months.

E. After one month, the Plaintiff applied for the issuance of a credit guarantee certificate to the Credit Guarantee Fund, and received a loan of KRW 4.3 million using a credit guarantee certificate issued on May 7, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. The Plaintiff’s first day of non-Inclusion doctrine under the Civil Act ought to be applied when calculating the period of arrears as in this case.

If so, the period of delay of the plaintiff is nine days, and the plaintiff is timely stated in the wind that the defendant misstatements that there was a continuous delinquency of ten days in the financial transaction certificate.