A. The Defendant is the actual owner of C Co., Ltd. (hereinafter “C”) who engages in the sale and lease business, the new construction and the sale business of buildings, etc.

C From March 2005 to May 6, 2006, from May 1, 2006, two officetels buildings and 68 rooms (hereinafter “instant building”) were constructed on the land outside D and one parcel of land.

B. C borrowed the said new building capital from E, F, G, H, etc., and the Defendant jointly and severally guaranteed the said loan debt.

C. On December 2005, C and E, a creditor of the Defendant, filed an application for an auction of the instant building on and around December 2005, and the Daegu District Court and the Daegu District Court and the racing support decided to commence auction on December 20, 2005.

Afterwards, C including F, G, and H, and other creditors of the defendant filed an application for auction of the building of this case, and the above auction case was merged and continued.

On March 23, 2008, the Plaintiff introduced the Defendant from J on June 23, 2008, and entered into an agreement with the Plaintiff and the Defendant on June 23, 2008, on the condition that the Defendant and C pay back their debts, to purchase the Plaintiff’s 14 houses of the instant building owned by C (hereinafter “instant agreement”). Accordingly, the Plaintiff was using the method of acquiring the Plaintiff’s 100% shares of C, and the Plaintiff entered into an agreement on the comprehensive transfer of the business with the transferee to K.

E. The Plaintiff paid debt or paid money on behalf of C and the Defendant before and after the instant contract.

F L LF E E EJ

F. On November 2008, the Plaintiff filed a complaint against the Defendant on the charge of fraud and embezzlement, and on May 1, 2009, the prosecutor in charge issued a disposition not to institute a non-prosecution on the charge of the Defendant.

G. On December 29, 2008, the Defendant cancelled the contract between the Defendant and the Plaintiff on the ground that “the Plaintiff did not fulfill its obligations with respect to the partnership agreement on M, C, N, etc. between the Plaintiff and the Defendant.”