A. Defendant B received KRW 47 million from the Plaintiff on November 20, 2010, and borrowed KRW 47 million from the Plaintiff; Defendant B paid KRW 20,000 to the Plaintiff on November 20, 201, and repaid the principal when the fixed payment of clothes was made within one year or when it was not performed within one year, and the interest shall be paid at 20% per annum, and the principal shall be repaid in November 2012.

“A” has drawn up a documentary evidence of borrowing (No. 1).

B. On January 2, 2012, the Plaintiff transferred KRW 27 million to Defendant C’s account.

C. The Plaintiff paid KRW 1.2 million to D around February 2012.

The Plaintiff filed a criminal complaint against the Defendants in the former District Prosecutors' Office as a crime of fraud, etc., but the Defendants were subject to a disposition on March 31, 2016 that they were suspected of having committed such offense.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-2, Eul evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The primary argument by the Plaintiff is that Defendant B, on November 2010, sold the instant store to the Plaintiff with the trade name “F” at the E resting place. The primary argument by the Plaintiff was that the Defendant sold the instant store to the Plaintiff.

The plaintiff is expected to operate the store of this case, and the plaintiff will operate the store of this case.

“The Court made the decision.”

However, the Defendants, under the name of the Plaintiff, had no intention to open the instant store and had no intent or ability to repay the money to the Plaintiff, and had the Plaintiff induced the Plaintiff to operate the instant store in the name of the Plaintiff and received the following money from the Plaintiff.

① On November 20, 2010, Defendant B drafted a loan certificate to the Plaintiff, and received KRW 47 million from the Plaintiff.

② After that, the Defendants, from December 201 to February 201, acquired 6.5 million won by deceiving the credit card in the name of the Plaintiff from December 201 to February 201.

③ In addition, the Defendants obtained the Plaintiff’s total sum of KRW 37 million from October 16, 201 to January 2, 2012, and obtained the said KRW 37 million from the Plaintiff.

④ The Defendants shall first provide D’s benefits to the Plaintiff in the instant store.