1. The part of the Plaintiff’s claim for recognition of a suit against Defendant B is dismissed.

2. The plaintiff's defendant B.

1. Basic facts

A. On July 15, 2013, the Plaintiff decided to purchase a mid- and high-speed excavation machine owned by Defendant B (hereinafter “instant excavation machine”). At the time, there was a mortgage on the ground that the Defendant B and the bond value of the instant excavation machine was 48,50,000, under the name of one capital capital company (hereinafter “one capital”).

B. On July 16, 2013, the Plaintiff agreed to equally repay the principal and interest of the loan for 39,100,000 won from the Eff Capital Co., Ltd. (hereinafter “Eff Capital”) at the interest rate of 10.9% per annum and at the interest rate of 25%.

C. E. On July 16, 2013, F.I.D. remitted the loans listed in the foregoing sub-paragraph (b) to a bank account in the name of F, which operated a construction machinery sales business, etc. on the same day. F transferred KRW 35,513,947 to the bank account in the name of one capital who is the mortgagee of the instant excavation machines.

On July 26, 2013, the registration of transfer of ownership was completed in the name of the Plaintiff on July 26, 2013. On August 14, 2013, a mortgage was established in the amount of 39,100,000 for the debt value of the Plaintiff, mortgagee, and the mortgage in the name of Han Capital was cancelled on August 19, 2013.

E. E. On November 25, 2015, the Seoul Central District Court (Seoul Central District Court Decision 2014Da236654) filed a lawsuit against the Plaintiff on the claim for loans, and sentenced the Plaintiff to the judgment on November 25, 2015, stating that “The Plaintiff shall pay to the filial Capital 31,451,586 won and 31,417,936 won a year of 25% interest from September 23, 2014 to the date of full payment,” and the said judgment became final and conclusive after appeal and appeal.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, evidence 9-1, 10, each entry of evidence 12, the purport of whole pleadings]

2. The plaintiff's summary of the plaintiff's cause of action is asserted as shown in the attached Form, and the defendants seek payment of each amount stated in the claim.

1.2.3.4