1. The plaintiff's claim is dismissed.

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

1. On May 10, 2018, the Plaintiff: (a) lent KRW 150 million to Nonparty C on August 10, 2018 due date; and (b) interest and delay damages to Nonparty C on August 10, 2018 at 24% per annum (hereinafter “instant first loan”); and (c) on May 14, 2018, the Defendant jointly and severally guaranteed the instant first loan obligation against the Plaintiff.

[Reasons for Recognition] Unsatisfy Facts, entry of Gap evidence 1 and 2, witness C's testimony, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of KRW 150 million for the first loan of this case and damages for delay thereof, unless there are special circumstances.

B. Comprehensively taking account of the overall purport of pleadings as to the Defendant’s assertion, the Plaintiff loaned additional KRW 100 million to the said C around August 31, 2018 (hereinafter “instant second loan”); the Plaintiff demanded on October 31, 2018, C to repay the instant first, second, loan obligations; the Plaintiff’s demand on behalf of creditors D, the debtor E and the E representative director of the E representative director of the E representative director of the E representative joint and several sureties on the same day at the request of the Plaintiff, and the notary public at the request of the Plaintiff on October 106, 2018, “D shall prepare a notarial deed with KRW 250 million on October 31, 2018, KRW 200,000 on the notarial deed and KRW 500,000 on the date when the notarial deed was given to the Plaintiff (hereinafter “the notarial deed”). The Plaintiff’s debt and joint and several sureties shall be 500,000,000 won on the same day.”).

However, there is no evidence to acknowledge that there was an agreement or a designated appropriation for payment with respect to the above repayment.

Therefore, according to the legal doctrine of statutory appropriation of performance, if the Plaintiff’s repayment of the first and second loans to C as of October 31, 2018, the instant case is deemed to have been made.