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

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

1. Basic facts

A. On October 29, 2012, C, from the Defendant, issued and delivered a loan certificate (Evidence 1) stating “75 million won for rent, interest rate of 2.5% per month, and October 30, 2013,” as “the loan certificate (Evidence 1)” in borrowing KRW 75 million from the Defendant.

B. After that, on June 20, 2013, the Defendant, a fraud of C and C, borrowed more than KRW 60,50,000 to the Plaintiff, and prepared and delivered the loan certificates (Evidence 5) stated as “The principal, KRW 60.5 million per annum, interest rate of KRW 24,000,000 per annum, interest payment due September 20, 2013; Defendant and joint and several surety C” (Evidence 5).

C. In addition, in order to secure a loan extended by the Defendant on September 20, 2013, the Defendant created and issued a promissory note with respect to D Apartment 202, Dongdaemun-gu Seoul, Seoul, which is owned by the Defendant, the maximum debt amount of KRW 90 million, the debtor, and the mortgagee as the Plaintiff, and issued a promissory note. The Defendant issued a loan certificate prepared as of June 20, 2013 at the Plaintiff’s request, which changed the debtor from “Defendant” to “Defendant”, and the joint guarantor from “C” to “Defendant” (Evidence 2). D.

On June 20, 2013, the Defendant returned KRW 60,500,000 to the Plaintiff on the same day.

E. The Defendant filed a lawsuit against the Plaintiff seeking the cancellation of the right to collateral security established on the real estate owned by the Plaintiff on the ground that the Seoul Northern District Court Decision 2013Da108614, the Plaintiff repaid the loan of KRW 60,500,000 from the Plaintiff on September 20, 2013, and received a favorable judgment from the said court on January 10, 2014. While the Plaintiff appealed against the Plaintiff, the Defendant was dismissed on July 4, 2014 in the same court’s case (2014Na20186).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5 through 7, Eul evidence 1 (including provisional number), the purport of the whole pleadings

2. The Plaintiff asserted and determined that: (a) on October 29, 2012, the Defendant provided joint and several sureties with respect to KRW 75 million lent to C; and (b) on June 20, 2013, C provided joint and several sureties so far.