1. The request is dismissed.

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

1. Facts of recognition;

A. On October 7, 1989, Plaintiff’s spouse B acquired part of E miscellaneous land E 25,179 square meters and F forest land 27,068 square meters, respectively.

B. On April 15, 2009, the Plaintiff entered into an agreement with H, known to the Defendant and G, stating that “The Plaintiff shall pay KRW 350,000,000 to H with the cost of implementing the fund raising project for the establishment of an investment company, and H shall proceed with the project for one year and one month, and pay KRW 8 billion to the Plaintiff by dividing it into KRW 40,000,000,000,000,000,000,000,000,000,000,000,000)

C. On April 14, 2009, the Plaintiff obtained a loan of KRW 2.8 billion from Korea Mutual Savings Bank as a joint collateral from the Appointor B, and the Plaintiff paid KRW 210,000,000 to the Defendant and G around April 15, 2009, and paid KRW 350,000 to H.

On August 12, 2010, when a voluntary auction was requested on or around August 12, 2010, the Plaintiff couple sold this real estate to a clan on November 25, 2010 and settled the loan obligation with the purchase price.

E. Since H did not distribute the first distributed amount after the lapse of 90 days from the date of the contract, H demanded the Plaintiff to return the full amount of the investment amount. On August 31, 2012, H drafted a letter of performance to the Plaintiff by March 31, 2013.

In addition, H did not perform any obligation. Accordingly, the Plaintiff filed a lawsuit against the Defendant and G seeking performance of guarantee liability, and the judgment was rendered to the Plaintiff that the Defendant and G would pay 175,000,000 won and damages for delay, respectively, to the Plaintiff (Seoul High Court Decision 2016Na9089 decided December 1, 2016).

F. The Plaintiff asserts that KRW 210,00,000 paid to the Defendant and G is an illegal fee or a loan fee for the loan that was paid to the Bank employees. The Plaintiff asserts that the said amount is money received without any intent to pay it as a loan fee.