1. The plaintiff's claim of this case is all dismissed.

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

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) received a request from the Defendants to lend money to D around March 1998. The Plaintiff also received a loan of KRW 100 million from the bank as security on the Plaintiff’s real estate because the Plaintiff did not have money (hereinafter “instant first loan”).

(2) At the time of the designation of the debtor as D, the Plaintiff used KRW 30 million out of KRW 100 million, and the Defendants used the remainder of KRW 70 million. The Defendants actually operated D Co., Ltd., and did not know about whether they are responsible for the borrowed money. (2) The Defendants paid interest on the first loan of this case to the Defendants, and the Plaintiff extended the term of the loan every year at the request of the Defendants.

However, from around 2002, the Defendants began to delay payment of interest, and the Plaintiff stated that the Plaintiff paid KRW 30 million, which he used, to Defendant B, and the Plaintiff paid the entire first loan to Defendant B.

However, Defendant B arbitrarily used the above KRW 30 million and did not repay the first loan of this case.

3) The Defendants failed to repay the first loan of this case and became liable for the commencement of compulsory execution. On November 17, 2005, the Plaintiff acquired the obligation of the first loan of this case. In addition, on June 26, 2008, the Plaintiff terminated a mortgage agreement related to the first loan of this case and concluded a new mortgage agreement again (the cause obligation is referred to as “the second loan of this case”).

(4) The Plaintiff paid interest of KRW 48,356,622 on behalf of Defendant B for five years from November 17, 2005 to the end of 2010.

The Defendants paid interest to the Plaintiff from 2011 to March 2017, when the economic situation of the Defendants was improved.

However, interest from April 2017.