A. On January 24, 2006, the Plaintiff paid KRW 250,000 as the cost of creating a collateral security, after completing the registration of creation of a collateral security in the new bank with respect to the building owned by the Plaintiff (hereinafter “real estate owned by the Plaintiff”), the maximum debt amount of KRW 12,000,000,000, from the new bank (hereinafter “former Cho Jae-gu Bank”) on February 3, 2006, after receiving a loan of KRW 10,000 from the new bank (hereinafter “new bank”).

B. On October 19, 2006, the Plaintiff: (a) completed the registration of creation of a new bank with respect to the real estate owned by the Plaintiff; (b) on October 19, 2006, KRW 30,000,000 additionally from the new bank, which became the Plaintiff; and (c) on October 25, 2006, extended KRW 720,000,000 as the cost of creating a mortgage and the fee related to a loan.

C. The Plaintiff remitted each of the above amounts of KRW 10,00,000 on March 14, 2006 to the Defendant, and KRW 10,000,000 on October 27 of the same year, and KRW 13,60,000 on October 14 of the same year.

Meanwhile, from February 24, 2006 to August 14, 2014, the Defendant remitted total of KRW 83,890,000 to the Plaintiff’s account in the name of the Plaintiff, as stated in the “the details of remittance” column in the attached list.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 4, and 5 (including each number; hereinafter the same shall apply)

2. The assertion and judgment

A. The plaintiff's assertion (i.e., the plaintiff's assertion) loaned total amount of KRW 38,150,000 to the defendant on March 14, 2006, KRW 10,000, KRW 500,000 on March 14, 2006, KRW 26.80,000 on October 25, 206, KRW 13,250,00 on the 27.13,250,00 on the 27.13,60,000 on the 31.6,00,000 on the 31.6,00,000 on the 38,150,000 on the 31.6,00 on the 31.6,00,000 on the 14.