1. The plaintiff's claim is dismissed.

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

On May 6, 2008, the Plaintiff lent KRW 50 million to C on May 6, 2008.

On July 1, 2010, the Defendant drafted a payment note for the joint and several surety (hereinafter “instant payment note”) with interest rate of 24% per annum and due date of September 30, 2010 on the Plaintiff’s above loan obligation against the Plaintiff.

On April 18, 2011, the Defendant drafted a letter of undertaking (hereinafter “instant letter”) with the Plaintiff to pay the principal and interest of KRW 60 million under the instant letter of commitment to the Plaintiff by April 28, 201, and paid KRW 20 million to the Plaintiff on April 28, 2011.

[Based on the facts without dispute, Gap evidence Nos. 1, 2, 13, Gap evidence Nos. 5, 11-1, 2-3, and Gap evidence Nos. 12-3, and the purport of the whole pleadings, barring special circumstances, the defendant is obligated to pay to the plaintiff the amount of 40 million won not paid out of the agreed amount of 60 million won under the letter of commitment of this case and damages for delay.

The key point of the defense of the Defendant’s defense and the agreement on the exemption of the remainder of the obligation, as agreed upon by the Plaintiff to pay KRW 20 million out of the agreed amount under the instant commitment, was exempted.

Recognizing facts, the following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence Nos. 3, 4, 6, 7, 9, 10, Gap evidence No. 8-1, 2, and Gap evidence No. 12-2, witness D, and Eul's testimony as a whole.

Around April 3, 2008, C, a representative director of E, would have the Plaintiff, a corporation, paid KRW 150,000,000,000 to the Plaintiff for the construction and fire-fighting of the elderly hospital, etc. in its construction. D, at the time, who had the above E’s vice-chairperson position, transferred KRW 60,000,000 to the Plaintiff from the account of F, a corporation that he operated, and lent KRW 50,00,000,000,000 to C.

C does not pay the borrowed money in full. It is around January 2009.