A. On November 9, 2001, the Plaintiff was detained and prosecuted on April 28, 2004 and convicted on April 28, 2004, on the charge that “A Co., Ltd. (hereinafter “C”) in collusion with D and acquired money by deceiving investors, including the Defendant and received money with high interest on investment in the Jeju-do container business.”

[Attachmentcheon District Court 201 High Court 2001 High Court 582, 2002 High Court 138 (Consolidated), Seoul High Court 2003No715, Supreme Court 2003Do7428, hereinafter “instant criminal judgment”). B.

The husband E of the defendant filed a loan claim lawsuit against F (C's representative director at the time of April 23, 2001), C, D, etc. on March 21, 2002, and on April 16, 2004, "C shall jointly and severally with F, D, etc., pay KRW 300 million and delay damages therefor to E."

5. 25. The above judgment became final and conclusive

[The preceding judgment of this case (hereinafter "the preceding judgment of this case")] of Incheon District Court 2002 Gaz.1976, 2003 Gaz.1045, hereinafter "the preceding judgment of this case").

On May 31, 2004, immediately after the judgment prior to the instant case became final and conclusive, the Defendant filed an application for payment order against the Plaintiff and H Co., Ltd. (Representative Director) on August 13, 2004, alleging that the Plaintiff et al. would have caused the Defendant to purchase KRW 75 million of shares G Co., Ltd. (hereinafter “the instant payment order”) as if the value of shares would vary, and that “the Plaintiff would pay the Defendant KRW 75 million and its delay damages to the Defendant” (Seoul District Court Decision 2004 tea16047, hereinafter “the instant payment order”). The instant payment order was issued for the same year.

9.4. The above decision became final and conclusive.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s husband E received a prior judgment of the instant case on the ground of the loan certificate, etc. received from C with respect to KRW 300 million invested by the Defendant and E in the name of the Defendant and E, and the Defendant again demanded the Plaintiff to refund KRW 75 million, which is a part of the said money.