1. The instant lawsuit shall be dismissed.

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

When the plaintiff claims damages of KRW 55 million against the defendant due to deception by deception, the defendant asserts that the lawsuit of this case is unlawful because the plaintiff agreed to file a lawsuit against the defendant.

According to the reasoning of the judgment of the court below, since the defendant did not have an ability to repay the amount, the defendant borrowed a total of KRW 15 million from the plaintiff on January 1, 201, KRW 30 million on April 201, and KRW 15 million on March 2012, and acquired the above amount by fraud, the defendant's statement that "the defendant borrowed a total of KRW 50 million on September 24, 2012," the Seoul Western District Court 2015No875, 1273 (combined) was sentenced to one year of imprisonment with labor on September 15, 2016, it is recognized that the defendant's testimony and statement of the 1-year suspended sentence for 1-year on January 15, 201, and the defendant's testimony and statement of the 2-year appraiser agreement should be deemed to have not been issued by the court of appeal as the defendant's testimony and statement of the 2-year appraiser agreement on March 16, 2016.