1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. On April 2, 2008, the Plaintiff lent KRW 79,500,000 to C on April 2, 2010, setting the maturity of repayment at 10% per annum.

The above money was deposited into the defendant's bank account at C's request, and the defendant guaranteed C's debt of the above loan.

B. C does not pay the above money even after the agreed maturity period has expired.

Therefore, the defendant, who is a joint and several surety, has the obligation to pay the above KRW 79,500,000 to the plaintiff and interest and damages for delay.

2. Determination

A. As to the Plaintiff’s assertion that the said money is a loan, the Defendant did not dispute the fact that the said money was paid, but the said money was repaid by the Plaintiff on December 14, 2007.

B. Even if the Plaintiff’s assertion that the money was leased is recognized, when the Defendant contests the Plaintiff’s assertion, the cause of receiving money ought to be attested by the Plaintiff that it was based on the loan for consumption (see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015). The Plaintiff did not submit relevant evidence.

The plaintiff's claim cannot be accepted.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.