On May 27, 2011, the Defendant filed a lawsuit against the victim for the confirmation, etc. of the existence of the obligation (hereinafter referred to as “instant lawsuit”) at the public service center of the Gwangju District Court in the Dong-dong-gu Gwangju Metropolitan City, Gwangju, stating that “the Defendant does not have any obligation to pay a check amount of KRW 90 million issued by the Plaintiff” in the column for the purport of the claim. In the column for the cause of the claim, “the Plaintiff shall pay the amount of KRW 35 million out of the check amount of KRW 90 million in cash, and KRW 55 million shall be paid in cash, and the said check amount shall be fully repaid by payment in lieu of KRW 1202, 1202, Dong-gu, Gwangju, Gwangju, the Defendant submitted a false complaint and a copy of the register of the said apartment.”

However, on December 24, 2004, the defendant tried to pay the above 55 million won debt by transferring ownership to Hesy E of the victim designated by the victim. However, on the other hand, other creditors, the Korea Technology Credit Guarantee Fund, which is the defendant, has won the lawsuit such as cancellation of fraudulent act, and the registration of transfer of the above ownership was cancelled around August 22, 2006. Accordingly, the defendant failed to pay the victim KRW 55 million, and there was no other fact that he paid the victim KRW 35 million.