1. The plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. The facts of recognition C determined on November 21, 2007 as “two copies of interest on November 21, 2008 during the repayment period,” and borrowed 50,000,000 won from the Plaintiff, and the Defendant and Nonparty D, who are children of C, jointly and severally guaranteed this.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay the plaintiff 50 million won and damages for delay, unless there are special circumstances.

2. On March 6, 2009, the defendant asserted that the defendant's debt of joint and several surety against the plaintiff was extinguished by novation since the plaintiff and E decided to repay the existing debt of Eul on March 6, 2009, and the old debt of Eul was null and void.

A novation under Article 500 of the Civil Code is a contract under which an existing obligation is extinguished by changing an essential part of the existing obligation and extinguishing the existing obligation and establishing a new obligation without identity. A novation due to a change of an obligor can be entered into a contract between the obligee and the new obligor.

(Article 501 of the Civil Act) In addition, in a case where a new agreement is entered into in connection with an existing obligation, whether such agreement constitutes novation or simply changes the maturity and method of repayment of the existing obligation, etc. is determined by the parties’ intent (see, e.g., Supreme Court Decision 2010Da86655, Mar. 10, 201). Meanwhile, according to the overall purport of evidence Nos. 1 and Nos. 1 and 2 as well as the entire pleadings, the following facts are recognized.

① On November 21, 2007, the Plaintiff extended KRW 50,000,00 to C, even after it lent KRW 50,000,000,000, the Plaintiff additionally lent KRW 20,000 (the KRW 20,000,000 on December 27, 2007, the KRW 30,000 on January 16, 2008, and the KRW 30,000 on July 14, 2008 between C and C, “The Plaintiff will pay KRW 100,000 to the Plaintiff at a maturity rate of 24% on December 30, 2008,” (No. 1).