A. On July 12, 2012, upon receipt of a request from Defendant B who had a relationship with the Plaintiff at the time, the Plaintiff borrowed KRW 400 million from NonS Savings Bank on July 12, 2012 and paid KRW 348 million to Defendant B on July 19, 2012, and on the same day, Defendant B confirmed that he borrowed KRW 400 million from the Plaintiff,” the loan certificate (Evidence 2-1) stating that “The Plaintiff borrowed KRW 400 million from the Plaintiff,” and the document of performance (Evidence 2-2) stating that “The Plaintiff faithfully performed all acts related to the Plaintiff’s claims and obligations, such as the payment of interest on the above loan, and the Plaintiff’s transfer or disposal of ownership to the real property of Seongdong-gu Seoul Metropolitan Government Fro 11 (hereinafter “instant real property”).”

(hereinafter “instant loan”). (b) The instant loan

Defendant E is a partner of Defendant E, and Defendant D is the husband of Defendant E. On September 7, 2012, Defendant B transferred the ownership of the instant real estate owned by Defendant D, instead of paying KRW 170 million out of the instant loan debt to the Plaintiff on September 7, 2012, and the Plaintiff completed the registration of ownership transfer on the same day.

C. On May 2, 2013, Defendant B drafted to the Plaintiff a letter of commitment stating that “Defendant B bears the Plaintiff’s obligation of KRW 400 million, the instant real estate was paid in lieu of KRW 170 million with the provisional sale of KRW 170 million, the difference arising from the actual sale amount in the future shall be settled ex post, and the difference arising from the actual sale amount shall be paid in lieu of payment in kind, and the payment in lieu of KRW 230 million (hereinafter “instant contract deposit”) shall be repaid by May 31, 2013 (Evidence 6; hereinafter “instant promise”).”

[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2, Gap evidence 3-6, Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion against the defendant B.