A. On September 9, 2011, the Plaintiff borrowed KRW 50 million from the Defendant at an interest rate of 2.5% per month. On the same day, the Plaintiff completed the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) pursuant to Article 66739 of the receipt of the support for establishment of a district court with the maximum debt amount of KRW 60 million on the same day with the Defendant as the maximum debt amount of KRW 60 million.

B. The Plaintiff additionally borrowed KRW 18 million from the Defendant on July 25, 2012, and KRW 10 million on February 1, 2013, respectively. Around June 2015, the Plaintiff additionally borrowed KRW 15 million and transferred each deposit recovery claim to the Defendant as a security attached thereto.

(hereinafter “instant assignment contract”). C.

On September 14, 2017, the Plaintiff and the Defendant made an settlement agreement on the Plaintiff’s obligation to borrow loans (hereinafter “instant settlement agreement”) with the Defendant. The content thereof is that “(i) the Defendant, from September 201 to June 2015, in excess of KRW 200 million, out of the total amount of all the principal and interest on loans that the Defendant lent to the Plaintiff, shall be paid KRW 200 million, and the Plaintiff, at the same time as the written agreement is made, shall pay KRW 100 million, and the remainder of KRW 100 million, by September 30, 2017.” ② The Defendant shall receive KRW 200 million in full and at the same time provide all the documents necessary for the termination of the right to borrow loans provided to the Plaintiff as security.” ③ This agreement shall be null and void if the Plaintiff fails to pay KRW 100 million by September 30, 2017.”

Upon entering into the instant settlement agreement, the Plaintiff issued a cashier’s check with 100 million won at the face value to the Defendant, and deposited KRW 100 million at the Defendant’s account on September 29, 2017.

E. On October 13, 2017, the Defendant participated in the Plaintiff, and issued only one certificate of personal seal impression to the Plaintiff, even though the Defendant signed and sealed the termination certificate necessary for the cancellation of the registration of the establishment of the instant mortgage and the power of attorney for the registration, written consent to the withdrawal of the instant assignment contract, and the power of attorney for the receipt of deposit.