1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff operated the wholesale and retail business in the C market, and D operated the sub-dried fish sub-speak.

B. The Plaintiff and D have been engaged in erroneous fish transactions since around 1990. If the Plaintiff paid a certain amount in advance to the Defendant under the name of the pre-dried fish payment, the Defendant purchased the pre-dried fish and supplied it to the Plaintiff, but made transactions by settling the above pre-paid price and the price for supply.

C. On October 2002, the Plaintiff and D settled the pre-paid price paid by the Plaintiff and the pre-paid price supplied by the Defendant until around that time. Accordingly, D prepared and delivered to the Plaintiff a total of KRW 60 million (= KRW 30 million) to the Plaintiff (i.e., KRW 30 million), interest rate of KRW 2% per annum (hereinafter “the instant loan certificate”).

On the other hand, the defendant signed and sealed the loan certificate of this case as the guarantor.

E. The Plaintiff and D continue to engage in calculation transactions. From December 30, 2002 to May 21, 2003, 2003, D supplied 111,745,600 won to the Plaintiff. The Plaintiff paid the Plaintiff KRW 59,03,500 in advance payment from December 30, 2002 to February 14, 2002.

F. On May 2003, the Plaintiff calculated the settlement amount of KRW 31,510,00,000, including the interest on the instant loan and the said loan amount of KRW 2,700,000,000, around 3 months.

(i) A statement, which is 143,295,600 won - 111,745,600 won, was prepared and delivered.

G. Meanwhile, around September 2009, the Plaintiff filed a lawsuit seeking the payment of the above settlement amount, asserting that D’s “the settlement amount of erroneous fish transaction between the Plaintiff and D as of October 2, 2006 is KRW 60,626,620.”

Then, on April 16, 2010, "D shall pay the Plaintiff KRW 43 million" in the process of the lawsuit at issue. "Adjustment of this case" refers to "Adjustment of this case."

) An establishment has been established (the fact that there is no dispute over the basis for recognition, A evidence No. 1, B 2.