1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. On March 2014, the Defendant requested the Plaintiff to pay KRW 40,000,000 for the acquisition price of the land that the Defendant is obligated to pay to C, while holding a consultation with C to acquire 742 square meters (hereinafter “instant real estate”).

(C) The loan certificate: the period of full repayment: 1.3. 12. 2010,000 won; the above amount shall be borrowed on March 12, 2016, and shall be repaid within the said date.

B. On March 12, 2014, the Plaintiff, the Defendant, and C paid C KRW 40,000 after two years thereafter, and C decided to transfer the instant real estate to the Defendant.

According to this agreement, the Plaintiff prepared a documentary loan (Evidence A No. 1) with the following content to C:

C. A settlement was concluded on November 1, 2016 in this Court Decision 2016Da1462, which was brought by C against the Plaintiff on the ground of the instant loan certificate, that “the Plaintiff shall pay to C by January 31, 2017” was to be paid by November 1, 2016.

(A) [Evidence 2] / [Ground for Recognition], entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's selective assertion: (a) the plaintiff guaranteed the defendant's obligation to pay KRW 40,000,000 to C according to the defendant's request; (b) the defendant agreed to pay KRW 40,000 to C in return for the plaintiff's obligation to pay KRW 40,000 on behalf of the defendant; (c) the plaintiff performed the defendant's business without any legal obligation to pay KRW 40,000,000 to C in return for the defendant's obligation to pay KRW 40,000; and (d) the plaintiff has a duty to pay KRW 40,000,000 corresponding to the expenses; and (e) the defendant has a duty to pay KRW 40,000 to C in return for the plaintiff's obligation to pay KRW 40,000,000,000 without any legal cause; and (e) the plaintiff has suffered a profit equivalent to the real estate market