1. The part of the Plaintiff’s lawsuit against Defendant C seeking payment of KRW 35,000,000 shall be dismissed.

2. October 23, 2015

1. The parties' assertion

A. The Plaintiff’s assertion (1) on September 16, 2012, the Plaintiff lent a total of KRW 60 million to Defendant B, including lending KRW 30 million to Defendant B. Defendant B became aware of the re-lending of KRW 60 million to Defendant C, and Defendant C again received a loan certificate from Defendant C. Since Defendant C concurrently assumed the Defendant’s debt, the Defendants are jointly and severally liable to pay the above KRW 60 million and the delay damages.

(2) As the Plaintiff lent KRW 35 million to Defendant C on March 22, 2013, the Plaintiff is obligated to pay the said money and the damages for delay to the Plaintiff.

B. Defendant B’s assertion that the above 60 million won was borrowed from the Plaintiff, and Defendant C applied for individual rehabilitation, and the Plaintiff intended to recover the loan by treating Defendant B as the debtor. As such, Defendant B did not have the obligation to pay the above 60 million won to the Plaintiff.

Meanwhile, from November 2, 2012 to April 19, 2013, 30 million won was repaid.

2. Determination

A. The facts of recognition (1) Defendant B borrowed money from the Plaintiff and made it difficult for the Plaintiff to repay the money to the account in the name of D, etc. on September 16, 2012, with a loan certificate of KRW 30 million borrowed from the Plaintiff.

Defendant B received KRW 20 million from the Plaintiff on November 2, 2012.

(2) Defendant C prepared a loan certificate with the Plaintiff’s gathering on several occasions, and thereafter Defendant C said that “60 million won was lent from the Plaintiff and lent to Defendant C.”

(3) On March 22, 2013, the Plaintiff directly lent KRW 35 million to Defendant C.

Meanwhile, Defendant C prepared to the Plaintiff a certificate of borrowing that “I promise to use 60 million won from October 22, 2013 to October 22, 2015.”

(4) On April 25, 2014, Defendant C filed an application for individual rehabilitation with the Seoul Central District Court (2014 Association 86526) on April 25, 2014, including a debt of KRW 35 million to the Plaintiff, and a debt of KRW 60 million to Defendant B in the list of creditors.