A. D (Name E after the opening of the name) was indicted on January 3, 2017 on the charge of fraud against the Plaintiff as the District Court Branch Decision 2017MaMa18 on January 3, 2017.

B. On March 20, 2017, D was found guilty of acquiring KRW 100,634,568 from the above court from November 6, 2015 to March 7, 2016, and was sentenced to a judgment of probation three years in one year and six months, and it was considered that D agreed with the Plaintiff in favorable circumstances among the reasons for sentencing.

(hereinafter “instant criminal case”). C.

On the other hand, on March 7, 2017, the Plaintiff borrowed KRW 140 million from the Plaintiff before the final date for pleading in the instant criminal case, and prepared a loan certificate (hereinafter “the loan certificate of this case”) with the content that the date for repayment will end on March 7, 2020. The Plaintiff signed and sealed D’s mother-in, Defendant B, Defendant C, and Defendant C, respectively in the joint and several surety column of the loan certificate of this case.

In addition, on March 7, 2017, the Plaintiff prepared a notarial deed under a monetary loan agreement between Defendant B and a notary public who represented D on the same day, stating that “The Plaintiff lent KRW 140 million to D, and the due date shall be until March 7, 2020, and the due date shall be until March 7, 2020, and the rate of delay damages shall be 15% per annum, and if D and joint guarantors fail to perform their obligations, compulsory execution shall be recognized” (hereinafter “notarial deed of this case”). The joint and several surety column of the notarial deed of this case was written by Defendant B and NetworkF.

E. Defendant B transferred KRW 20 million to the Plaintiff’s account on the same day, and immediately after having returned KRW 10 million from the Plaintiff on March 8, 2017, Defendant B returned KRW 10 million to the Plaintiff’s account.

【Ground of recognition】 An without any dispute, entry of Gap's 1, 2, Eul's 2, and 5, an obvious fact in this court, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The plaintiff's assertion.