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

A. On January 7, 2016, the Plaintiff entered into a contract with C (mutual name: D) under which the construction of the construction of the private road to enter into the private road of KRW 200,000,000 in the price, in the case of Jinju.

B. On January 7, 2016, the Plaintiff agreed to provide the land owned by the Plaintiff as collateral and borrow the said construction cost of KRW 200,000,000 from the Defendant, and set up a certificate of borrowing KRW 200,000 to the Defendant on July 6, 2016 (hereinafter “the instant certificate of borrowing”).

C. The Defendant remitted F KRW 48,800,000,000 on January 7, 2016, and KRW 50,000,000 on January 14, 2016, and KRW 48,800,00 on January 15, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3 and 5, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant borrowed KRW 200,000,000 from the Defendant, and had the Defendant pay the borrowed amount directly to D or his agent G as the construction cost.

However, the defendant paid F 200,000,000 won to F unrelated to D, and F paid only 110,000,000 won to H who is his spouse.

Therefore, the Plaintiff’s obligation based on the loan certificate of this case against the Defendant is limited to KRW 110,00,000, and there is no excess.

B. In full view of the statements in the evidence Nos. 1, 2, 3, 4, 5, 6, 7, and 8 and the purport of the entire pleadings in the testimony of witness G, the Plaintiff requested the Defendant to pay the borrowed money to G on January 7, 2016. G consented that the Defendant would pay the borrowed money to G. The Defendant requested the Defendant to transfer the borrowed money to F’s account in the F’s name. Accordingly, the Defendant transferred the money to F’s account at F’s KRW 198,80,000 (=a total of KRW 200,000,000,000) to the Plaintiff’s account as set forth in paragraph (1).