1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On December 24, 2007, the Plaintiff lent KRW 100 million to Nonparty C, but was repaid KRW 75 million out of the above loans by Nonparty C.

B. On September 30, 2009, the Defendant jointly and severally guaranteed the Plaintiff’s remaining loan debt amounting to KRW 25 million.

C. The Plaintiff filed a lawsuit against C and the Defendant seeking payment of the remaining loan obligations of KRW 25 million (U.S. District Court 201Kadan89510), but withdrawn the lawsuit against the Defendant. On August 28, 2012, the said judgment became final and conclusive upon winning a favorable judgment against C.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, unless there are special circumstances, the defendant, who is a joint and several surety of C, is obligated to repay the above loan debt amounting to KRW 25 million to the plaintiff.

3. Judgment on the defendant's assertion

A. The Defendant asserted the repayment of the principal obligor C first, asserted that the principal obligor C had extinguished the Defendant’s joint and several liability obligations since the principal obligor C repaid the entire amount of the instant loan obligations to the Plaintiff. Therefore, the evidence submitted by the Defendant alone is insufficient to recognize the above repayment fact, and the above assertion is not accepted as there is no other evidence to acknowledge

B. The defendant's assertion 1) The summary of the defendant's assertion 1) since the plaintiff has lost security against the above loan claims intentionally or by negligence, the defendant who is a joint and several surety is exempted from liability pursuant to Article 485 of the Civil Act. 2) Since the defendant is a joint and several surety, the defendant is a person who has legitimate interest in repaying the above loan obligations and is a creditor (Article 481 of the Civil Act), and as a matter of course, the plaintiff who is the creditor, is the creditor (Article 481 of the Civil Act), and when the security is lost or decreased due to

(Article 485 of the Civil Code). On the other hand, the obligee's intention or negligence.