2. The costs of lawsuit shall be borne by the Plaintiff.

A. The Plaintiff and C are male wholesalers, and the Defendant was a death with C around August 2015.

Around August 11, 2015, the Defendant loaned KRW 45 million to the Plaintiff by telephone from the house of Makao in China to the Plaintiff by telephone. The Defendant said that the repayment will be made until August 31, 2015. < Amended by Presidential Decree No. 26548, Aug. 31, 2015>

Accordingly, on August 12, 2015, the Plaintiff transferred KRW 45 million to D’s account designated by the Defendant, as Makao on August 12, 2015.

On the other hand, the defendant borrowed approximately KRW 20 million from C around that time.

B. After August 31, 2015, the Defendant did not repay the borrowed money to the Plaintiff or C, and the Plaintiff and C filed a complaint against the Defendant on the charge of fraud.

C. The defendant does not have the intent or ability to repay.

As described in paragraph C, the Plaintiff was charged with borrowing approximately KRW 65 million from the Plaintiff, and on June 9, 2017, the Daegu District Court rendered a judgment of 10 months to be sentenced to imprisonment for fraud in the Daegu District Court Decision 2016Kadan888, Jun. 9, 2017.

The defendant on July 24, 2017.

Imprisonment with prison labor for the reasons that the appellate court of the cases described in paragraph (1) (Tgu District Court 2017No2629) was agreed with C was sentenced to a suspended sentence of two years.

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

2. Determination

A. According to the above facts as to the cause of the claim, the defendant is obligated to pay to the plaintiff the borrowed amount of KRW 45 million and delay damages after the due date for payment.

B. The defendant's defense 1) The defendant asserts that while the above criminal case is pending, C and C have reached a civil criminal agreement on the borrowed money, and C paid to the plaintiff the agreed amount of KRW 56 million, but the plaintiff's indication was omitted due to mistake at the time of the preparation of the agreement. 2) Eul's testimony and the whole purport of the arguments in the witness E's testimony after being detained by the defendant's mother, E is subject to the agreement on the above criminal case with C and the plaintiff.